LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


.THE. 


SCHOOL  LAW  OF  INDIANA 


With  Annotations, 


AND  THE 


STATE  CONSTITUTION 


ISSUED  BY 

FRANK  L.   JONES, 

Superintendent  of  Public  Instruction. 


)LIS: 

WM.  B.  BUBFORD,  CONTRACTOR  FOR  STATE  PBINTING  AND  BINDING, 
1901. 


THE  PRESENT  REVISION. 

J90J. 

In  the  present  edition  of  the  School  Laws  of  Indiana  an  effort 
has  been  made  to  render  them  as  useful  to  the  general  public 
and  school  officers  as  possible.  The  laws  have  been  rearranged, 
and  it  is  believed  that  the  new  arrangement  will  be  more 
acceptable  than  that  of  the  previous  editions.  The  notes  had 
grown  so  voluminous  that  it  has  been  deemed  best  to  eliminate 
many,  especially  those  that  are  partially  or  wholly  obsolete. 

The  sections  have  been  renumbered,  but  at  the  end  of  each 
section  will  be  found  the  sectional  number  that  the  section 
occupies  in  the  Revised  Statutes  of  1881,  1.894,  and  1897.  At 
the  beginning  of  each  section  is  the  sectional  number  the  sec- 
tion had  in  the  original  acts  or  session  laws. 


144 


COUNTY  SUPERINTENDENTS  OF  INDIANA, 


ELECTED  JUNE  5,  1899,  FOE  FOUE  YEAKS. 

COUNTIES.  NAME.  ADDRESS. 

Adams Irvin  Brandyberry Decatur. 

Allen F.  J.  Young Fort  Wayne. 

Bartholomew James  H.  Clark Columbus. 

Benton L.  A.  McKnight Fowler. 

Blackford Finley  Geiger Hartford  City. 

Boone Eichard  H.  Harney Lebanon. 

Brow« Andrew  A.  Manuel Nashville. 

Carroll Isaac  F.  Myer Delphi. 

Cass Robert  C.  Hillis Logansport. 

Clark Samuel,  L.  Scott Jeffersonville. 

Clay James  M.  Tilley Brazil. 

Clinton , James  H.  Grover Frankfort. 

Crawford Charles  A.  Eobertson English. 

Daviess William  A.  Wallace Washington. 

DearBorn Solomon  K.  Gold Lawrenceburg. 

Decatur Elmer  C.  Jerman Greensbucg. 

Dekalb Henry  E.  Coe Auburn. 

Delaware Charles  A.  Van  Matre Muncie. 

Dubois Geo.  E.  Wilson Jasper. 

Elkhart Geo.  W.  Ellis Goshen. 

Fayette Calvin  Ochiltree Connersville. 

Floyd Levi  H.  Scott New  Albany. 

Fountain Grant  Gossett Covington. 

Franklin W.  H.  Senour Brookville. 

Fulton W.  S.  Gibbons Eochester. 

Gibson John  T.  Ballard Princeton. 

Grant Alexander  Thompson Marion. 

Greene Harvey  E.  Cushman Bloomfield. 

Hamilton .' Ellis  A.  Hutchens Noblesville. 

Hancock Lee  O.  Harris Greenfield. 

Harrison Amzi  Weaver Corydon. 

Hendricks James  D.  Hostetter Danville. 

Henry J<«  A.  Greenstreet New  Castle. 

Howard Elsworth  E.  Eobey Kokomo. 

Huntington Henry  D.  Shideler Huntington. 

Jackson J.  E.  Payne Brownstown. 

Jasper Lewis  H.  Hamilton  Eensselaer. 

Jay Lewis  Crowe Portland. 

Jefferstm George  S.  Taylor Madison. 

Jennings   M.  W.  Deputy Vernon. 

Johnson J.  W.  Terman Franklin. 

Knox Peter  Phillippe Vincennes. 

Kosciusko George  W.  Worley Warsaw. 

Jjagrange H.  S.  Gilhams Lagrange. 


COUNTY    SUPERINTENDENTS. 

COUNTIES  NAME.  ADDRESS. 

Lake Frank  E.  Cooper Crown  Point. 

Luporte Chas.  A.  Zigler Laporte. 

Lawrence Wm.  E.  Stipp Mitchell. 

Madison Lawrence  McTurnan Anderson. 

Marion William  F.  Landes Indianapolis. 

Marshall George  D.  Marks Plymouth. 

Martin   Elijah  McFarland Shoals. 

Miami Ellis  H.  Andrews Peru. 

Monroe W.  V.  Payne Bloomington. 

Montgomery Ward  B.  Walkup Crawfordsville. 

Morgan Wm.  O.  Baker Martinsville. 

Newton W.  L.  Kellenberger Kentland. 

Noble Edwin  L.  Adair Albion. 

Ohio Eugene  S.  Espey Eising  Sun. 

Orange Claude  L.  Rankin Paoli. 

Owen Burton  M.  Hancock Spencer. 

Parke Jesse  M.  Neet Kockville. 

Perry Logan  Esarey Cannelton. 

Pike John  D.  Grimes Sophia. 

Porter Arthur  A.  Hughart Valparaiso. 

Posey Charles  Greathouse Mt.  Vernon. 

Pulaski John  H.  Reddick Winamac. 

Putnam Samuel  A.  Harris Greencastle. 

Randolph Charles  W.  Paris Farmland. 

Ripley Charles  S.  Royce Versailles. 

Rush Abraham  L.  Gary Rushville. 

Scott Elijah  A.  Gladden Scottsburg. 

Shelby J.  W.  Barlow Shelbyville. 

Spencer Aquilla  C.  Huff Rockport. 

Starke Geo.  E.  Butcher Knox. 

St.  Joseph Wm.  Clem South  Bend. 

Steuben Homer  Dilworth Angola. 

Sullivan Richard  Park Sullivan. 

Switzerland David  N.  Haydon Vevay. 

Tippecanoe Edward  C.  Crider Lafayette. 

Tipton L.  D.  Summers Tipton. 

Union C.  W.  Osborne College  Corner,  O. 

Vanderburgh James  F.  Ensle Evansville. 

Vermillion Elbert  E.  Kelt Clinton. 

Vigo Charles  F.  Grosjean Terre  Haute. 

Wabash  John  W.  Lewis Wabash. 

Warren Wm.  J.  Bader Williamsport. 

Warrick James  R.  Wilson Boonville. 

Washington Joseph  C.  Bush Salem. 

Wayne Wm.  E.  Wineberg Richmond. 

Wells Robt.  W.  Stine Bluffton. 

White Thos.  S.  Thornburg Monticello. 

Whitley , George  H.  Tapy .Columbia  City. 


TABLE  OF  CONTENTS. 


PAGE. 

Introduction • 

Legal  Duties  of  School  Officials 39 

CHAPTER  I. 

SEC.  CONSTITUTIONAL   PROVISIONS. 

1.  Common  schools 50 

2.  Common  School  Funds 51 

3.  Principal,  a  perpetual  fund 52 

4.  Investment  and  distribution 52 

5.  Reinvestment 53 

6.  Counties— Liability 53 

7.  Trust  funds  inviolate  53 

8.  Superintendent  of  Public  Instruction 54 

CHAPTER  II. 

SUPERINTENDENT   OF   PUBLIC    INSTRUCTION. 

9.  Superintendent 55 

10.  Commencement  of  terra — Oath 55 

11.  Duties— Office— Clerks 55 

12.  Report  to  Governor 56 

13.  Report  to  General  Assembly 56 

14.  Duties 57 

15.  Traveling  expenses 57 

16.  Supervision  of  school  funds 58 

17.  May  require  reports 58 

18.  Blanks  and  forms 58 

19.  Forms  of  bookkeeping 58 

20.  Shall  publish  School  Law 59 

21.  Journals,  etc.,  to  Libraries 59 

CHAPTER  III. 

STATE   BOARD   OF   EDUCATION. 

22.  State  Board  of  Education 59 

23.  Duties  and  powers 60 

24.  State  certificates 61 

25.  Pay  and  mileage  of  Board 63 


CONTENTS. 


CHAPTER  IV. 

SCHOOL   BOOKS. 
SEC.  PAGE. 

26.  State  Board  of  Education  a  Board  of  School  Book  Commissioners. .  64 

27.  Advertise  for  bids 65 

28.  Open  bids 66 

29.  May  procure  manuscripts 67 

30.  State  not  liable 68 

31.  Governor's  proclamation 68 

32.  Trustee's  duty 68 

33.  Quarterly   reports 69 

34.  Superintendent  to  enter  suit 70 

,°>5.     Superintendent's  special  bond  70 

36.  Reports  to  contractors : 70 

37.  Sale  for  more  than  contract  price  a  misdemeanor 71 

38.  Embezzlement 71 

39.  Appropriation — laws  repealed 72 

40.  Advertise  for  bids 72 

41.  Trustees  to  make  requisitions  first  Monday  of  June 73 

42.  Trustees  to  acknowledge  receipt  of  books 73 

43.  Books  for  poor  or  indigent  children 75 

44.  Reports  to  Commissioners  and  County  Superintendent 75 

45.  Appropriation 75 

46.  Suit  on  Trustee's  bond 76 

47.  County  Superintendent's  special  bond 76 

48.  Superintendent's  report  to  contractor 77 

49.  Failure  to  report — Embezzlement 77 

50.  Books  to  be  uniformly  used 78 

51.  Duty  of  contractor 78 

52.  Name  and  price  of  books  on  cover „ 79 

53.  State  Superintendent's  duty 79 

54.  Act  supplemental , .' 80 

55.  Contractors  to  file  consent 80 

56.  Sale  to  merchants  or  dealers — Trustee's  report 81 

57.  Officers  to  supply  sufficient  books 82 

58.  Duty  of  merchants  and  .dealers 82 

59.  County  Superintendent  to  make  report 83 

60.  Officers  failing  to  report  -Right  of  action 83 

61.  Failure  to  report  at  expiration  of  term — Embezzlement 83 

62.  Sale  for  more  than  contract  price  a  misdemeanor 84 

63.  Contractors  to  file  consent  for  revision  of  books 84 

64.  Author  to  revise — County  and  State  Superintendent  to  scale  requi- 

sition   85 

65.  Intermediate  grammar  or  language  lessons 88 

66.  State  Board  to  meet— Notice 89 

67.  Frequency  of  revision — Geographies 89 

68.  Standard  of  revision — Contractor's  bond . .                     89 


8  SCHOOL    LAW    OF   INDIANA. 

SEC.  PAGE. 

69.  Appropriation 

70.  New  bond 90 

71.  State  Superintendent's  duty 90 

72.  Act  supplemental 91 


CHAPTER  V. 

COUNTY    SUPERINTENDENT. 

73.  County  Superintendent 91 

74.  Eligibility 94 

75.  Impeachment ; 95 

76.  Office — Supplies — Compensation 95 

77.  Shall  examine  teachers 95 

78.  May  revoke  license 99 

79.  Examinations — License 100 

80.  Record-book — Report  to  State  Superintendent 100 

81.  State  license 101 

82.  Exemption  from  examination 103 

83.  Record  of  examination 104 

84.  Certificate  from  other  State 104 

85.  Examination  for  graduation 104 

86.  General  duties 105 

87.  When  must  enumerate 106 

88.  Cities  exempt 107 

89.  Annual  reports 107 

90.  Apportionment — Report 108 

91.  Compensation 109 

92.  Duty  as  to  apportionment 109 

93.  Duty  as  to  School  Fund 110 

94.  Interest  in  private  school,  can  not   have 110 

95.  Penalty . 110 

96.  Duty  of  Prosecuting  Attorney 110 


CHAPTER  VI. 

COUNTY   BOARD   OF   EDUCATION. 

97.  County  Board  of  Education „  „  0  c  111 

CHAPTER  VII. 

ADMINISTRATION. 

98.  School  township 114 

99.  Towns  and  cities. .  118 


CONTENTS.  9 

SEC.  PAGE. 

100.  School  Trustees  in  cities  and  towns 119 

101.  Town  abandoning  control  of  school 124 

102.  Conveyance  to  Trustee 124 

103.  Charge  of  town  schools 124 

104.  Trustees'  bonds— Vacancy 124 

105.  Trustees  manage  revenues — Reports 126 

106.  Record — Duty  as  to  revenue 130 

107.  Annual  statement 131 

108.  General  duties 131 

109.  Duration  of  school  in  any  year 136 

110.  Care  and  management  of  school  property 137 

111.  Superintendent  in  cities  and  towns 137 

112.  Joint  grade  schools 137 

113.  Joint  school  district— Petition 138 

114.  Expense  of  establishing — Controlling  school 139 

115.  Expense  of  maintenance 139 

116.  Abandonment  of  school  district  or  corporation 139 

117.  Consent  of  voters  to  abandonment 139 

118.  Kindergartens • 140 

119.  Tax  for  kindergartens 140 

120.  How  collected 140 

121.  Night  schools 141 

122.  Age  of  pupil 141 

123.  Surplus  special  school  revenue 141 

124.  Things  legalized 142 

125.  Teachers'  reports 142 

126.  Trustees'  reports 143 

127.  Failure  to  report 144 

128.  Neglecting  duties 144 

129.  Failing  to  serve 144 

130.  Trustees'  accounts 145 

131.  Examination  of  Trustee  and  his  books 145 

132.  Correction  of  accounts — Removal 145 


CHAPTER  VIII. 

TAXATION. 

133.  State  tax 145 

134.  Uniform  tax 146 

135.  Special  tax   '. 146 

!:->(>.     Assessment  and  collection 148 

137.  Local  tax  for  tuition 148 

138.  Local  tax,  how  applied 149 

139.  Special  tax  to  pay  debts 150 

140.  Tax  to  complete  town  school  house  and  to  support  town  schools, , .  151 


10  SCHOOL    LAW   OF    INDIANA, 


CHAPTEE  IX. 

ENUMERATION. 

SEC.  PAGE. 

141.  Trustee  to  take — His  duties — Who  enumerated 151 

142.  Transfer 155 

143.  Tuition 157 

144.  Appeal ". 157 

145.  Payment  of  tuition — Eefusal  to  ma^e 157 

146.  Eights  reserved 158 

147.  Transfer  to  school  corporation  of  100,000 158 

148.  Payment  of  tuition 158 

149.  Enumeration,  where  filed — Eetaking 159 

150.  Township  in  two  or  more  counties — Eeport    159 

CHAPTEE  X. 

APPORTIONMENT   OF   REVENUE. 

151.  To  be  semi-annually 160 

152.  Eeports  of  County  Auditors 160 

153.  When  and  what  County  Auditor  reports 160 

154.  When  Congressional  township  divided 161 

155.  Auditor  failing  to  report 161 

156.  Apportionment  among  counties 162 

157.  Printed  statement 162 

158.  Payment  to  counties 162 

159.  Payment  of  excess 163 

160.  Un apportioned  balances , 164 

161.  County  Auditor's  apportionment 164 

162.  Interest  on  Sinking  Fund  166 

163.  Surplus  Dog  Tax  Fund f  166 

CHAPTEE  XL 

SCHOOLS   IN   CITIES   AND   TOWNS. 

164.  Bonds  for  school  buildings  168 

165.  Use  of  proceeds 170 

166.  Special  tax . 170 

167.  Condition  for  building 171 

168.  Surplus  special  school  revenue 172 

CHAPTEE  XII. 

SCHOOL   SYSTEM   IN   LARGE   CITIES. 

169.  School  system 173 

170.  School  districts 173 


CONTENTS.  11 

SEC.  PAGE. 

171.  Organization— Term — Vacancies 174 

172.  Duties  and  powers 175 

173.  Tax  collection  and  payments 177 

174.  Sessions — Record — No  pay % . . . .  177 

175.  General  School  Law  in  force. 178 

176.  Temporary  loans 178 

177.  Bonds  to  pay  debts 178 

178.  Bonds  in  cities 179 

CHAPTER  XIII. 

SCHOOLS  IN   CITIES  OF   100,000  INHABITANTS. 

179.  Act  of  March  3,  1871,  in  force 180 

180.  Qualifications  of  commissioners 181 

181.  Nomination  and  election 181 

182.  Terms 183 

183.  Organization  of  Board 183 

184.  Committee — Salaries—  Rules 184 

185.  Legislative  Act — Director's  approval 184 

186.  Officers  and  Teachers— Examinations 186 

187.  Directors — Duties 185 

1SS.  Superintendent— Text  Books— Librarian — Appointments 186 

189.  Discharge  of  Employees 187 

190.  Directors'  duties — Bond 188 

191.  Auditor  of  School  Board 188 

192.  Warrants 188 

193.  Evidence  of  indebtedness 189 

194.  Illegal  warrant,  liability 189 

195.  Appropriations  necessary 189 

196.  Auditor's  reports  -Board— Pay 189 

197.  Accountants 190 

198.  Payment  to  Treasurer 190 

199.  Contracts,  appropriations  for  necessary 190 

200.  Contracts  to  be  in  writing — Supplies 191 

201.  Bids  for  School  houses 191 

202.  Funding  indebtedness 192 

203.  Tax  levy 193 

204.  School  Law  in  force 193 

205.  Old  School  Board 193 

206.  Limit  of  debt 194 

207.  Purchase  of  grounds  and  buildings 195 

208.  Eminent  domain  may  exercise 195 

209.  Removal  of  Commissioner 195 

210.  Levy  to  pay  debts 196 

211.  Subsequent  censuses 196 

212.  Manual  Training  School 196 

213.  Teachers  and  Instructions 196 

214.  Tax  to  support  Schools 197 


12  SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XIV. 

SCHOOLS   IN   CITIES   OF   45,000    TO   55,000. 

SEC.  PAGE. 

215.  School  Corporation 197 

216.  Powers  of  School  Board 198 

217.  Buildings— Bonds 198 

218.  Special  tax 199 

219.  Proceeds  of  bonds 199 

220.  Population 199 


CHAPTER  XV. 

SCHOOLS   AND  SCHOOL  HOUSES. 

221.  Bible 200 

222.  Uniformity  as  to  time — Numbering 201 

223.  Calendar 202 

224.  Colored  children 202 

225.  Indigent  children 203 

226.  Appropriations  for  indigent  children 203 

227.  Branches  taught 204 

228.  Effect  of  alcoholic  drinks  and  narcotics 205 

229.  Teachers  examined  concerning 206 

230.  Failure  to  teach  effects — Dismissal 206 

221.  Voters'  meetings — School  directors 206 

232.  Other  meetings — Powers 207 

233.  Estimate  of  expense 209 

234.  Changing  site  of  school  house 209 

235.  Notice  of  petition  to  change 210 

236.  Misdemeanor 211 

237.  Doors  must  swing  outward 211 

238.  Teachers,  employment  and  dismissal 211 

239.  Terms  for  which  teachers  may  be  employed 216 

240.  Blanks  to  be  uniform 215 

241.  Teacher's  daily  wages 215 

242a.  Teacher's  contracts  to  be  in  writing 216 

242.  Penalty  against  school  officers 216 

242a.  Terms  for  which  teachers  may  be  employed 216 

243.  Special  examination 216 

244.  Director's  duties 217 

245.  He  has  charge  of  the  school  house 217 

246.  Visits  school — May  exclude  pupil 217 

247.  Appeal  to  teacher 219 

248.  Insulting  teacher 219 

249.  Title  to  school  property 219 

250.  Use  of  school  house. .  220 


CONTENTS.  18 

SEO.  PA£E. 

251.  Use  of  school  house , 221 

252.  School  house,  when  sold , 222 

253.  School  house  in  annexed  territory 222 

254.  Pay  for  school  house  in  annexed  territory ,.••... 223 

255.  Donations  and  bequests 224 

256.  Majority  of  voters 224 

257.  Sale  of  bonds 225 

258.  Donations  may  be  made  to  school  corporations 2j25 

259.  Conditional  gift 225 

260.  Income  from  gifts,  how  used 226 

261.  Trustee  for  gift— Powers 226 

262.  Identity  of  gift  not  to  be  lost ......  227 

263.  Site  for  school  house — Eminent  domain 227 

264.  Appraisers 228 

265.  Appraisement— Pay  men  t 228 

CHAPTER  XVI. 

TEACHERS'  INSTITUTES. 

206.  Township  institutes 229 

267.  County  institutes 230 

268.  Schools  closed , 230 

260.  Sessions..  290 


CHAPTER  XVII. 

FREE    LIBRARIES. 

270.  Public  library  commission 231 

271.  Duties — Traveling  libraries 231 

272.  Purchase  of  books — Appropriation -*  . . .  232 

273.  Library  association 232 

274.  Annual  appropriation — Expenses 232 

275.  Advice  233 

276.  Traveling  library  tax 233 

277.  Township  library  board 234 

278.  Official  documents 235 

279.  Members  of  Commission  not  to  be  publisher 235 

280.  Repealing  section ,• 235 

281 .  In  cities  and  towns 235' 

282.  Libraries  in  certain  cities 235 

283.  Tax  to  maintain .  236 

284.  Real  estate 236 

285.  Real  estate  for  libraries 236 

286.  School  and  library  tax  in  cities  of  30,000 237 

287.  County  Treasurer  reports  to  Board  of  School  Commissioners 238 

288.  County  Treasurer's  credits 239 


14  SCHOOL    LAW    OF    INDIANA. 

SEC.  PAGE. 

289.  Schools  and  library  tax  in  cities  of  15,000  and  30,000 239 

290.  Payment  of  bon^s » '240 

291.  City  and  town  tax  for  llbrary-^Subscriptions 241 

292.  Subscription  filed  with  Clerk  of  Circuit  Court 242 

293.  Memjyers  of  library  board  appointed— Qualifications 242 

294.  Certificate  of  appointment— Oath 

295.  Organization w . . .  244 

296.  Library  Board  -Powers 244 

297.  Subscriptions  collected — Building— Tax 244 

298.  Tax,  how  used : 246 

299.  Use  of  library — Certificate  of  membership— Township  may  use  . , .  245 

300.  Donation  of  library 246 

301.  Removal  of  members  of  board 247 

302.  Treasurer's  report 247 

303.  Kepealing  section 247 

304.  Libraries  in  cities  of  3,500  to  4,000 

305.  Acceptance  of  library 248 

306.  Payment  of  taxes 249 

307.  Privileges  of  library 249 

3ft8.  Kemoval  of  Directors 249 

309.  Library  fund 249 

310.  Township  Trustee  in  charge 250 

311.  Trustee's  duties 250 

312.  Useof  books 250 

313.  Where  kept 250 

314.  When  open 

315.  Tax  levy  for  library 251 

316.  Office  of  librarian  abolished 251 

317.  Library  discontinued 251 

318.  Legalizing  section 


CHAPTER   XVIII. 

HISTORICAL   SOCIETY. 

319.  Appropriations  out  of  county  treasury — Booms  and  vaults 252 

320.  Society  discontinued,  effect 253 

321.  More  than  one  society  in  county 253 

322.  Control  of  rooms  and  vaults 4 2$l 

323.  Control  of  rooms  after  society  discontinued 254 

CHAPTER  XIX. 

GENERAL  PROVISIONS. 

324.  Suits,  how  brought 255 

325.  Costs 255 

326.  Process,  how  executed 255 


CONTENTS.  15 

SEC.  TAGE. 

327.  Appeals  from  Township  Trustee . . . .  256 

328.  Appeals  from  County  Superintendent 257 

329.  Oaths .- 258 

330.  Women  eligible  to  school  office 258 

331.  Bond  binding  .  ^ , , . . .  259 

332.  When  Township  Trustee  elected 259 

333.  County  Commissioners  fill  vacancy 259 

CHAPTER  XX. 

COMPULSORY   EDUCATION. 

334.  All  children  must  attend  school— Age 260 

335.  County  Tr«a*it  Officers — Duties — Misdemeanor 260 

336.  Truant  Officers  in  cities  and  towns 261 

337.  Compensation  of  Truant  Officers 261 

338.  Reports 2d2 

339.  Poor  children,  assistance 262 

340.  "Parental  Home"— Incorrigible  child 263 

341.  Confirmed  truant 2/>3 

342-.     Tax 263 

343.  Enumeration 263 

344.  Names  of  children  furnished  Truant  Officers 264 

346.     Laws  repealled 264 

CHAPTER  XXI. 

TOWNSHIP   ADVISORY    BOARD., 

346.     Advisory  Board 264 

34*7.     Tax  payers  may  attend 266 

348.  Annual  meeting*,  expenditures  and  levy 266 

349.  Estimate  of  Expenditures 267 

350.  Compensation  of  Board,  if  desired 268 

351.  Special  meetings  of  Board 268 

352.  Financial  record 269 

358.     Annual  settlement  ^th  the  Board 270 

S54.     Trustee's  term 272 

355.     New  School  house — School  supplies 272 

35(5.     Trustee's  pay 273 

357.  Contracts  void 273 

358.  Appointment  of  first  members  of  Board 273 

CHAPTER  XXII. 

THE   FUND. 

359.  What  constitutes :  275 

360.  Estrays  and  property  adrift 277 


16  SCHOOL    LAW    OF    INDIANA. 

SEC,  PAGE. 

361.  Counties  liable 

362.  Account  of  fund 378 

363.  Custody  of  lands 279 

364.  Leasing  lands 280 

'365.  Divided  school  sections '. 281 

366-  Boundaries  of  towhships 281 

367.  School  township,  when  county  lines  divide 281 

368i  Auditor's  statement  as  to  children 282 

369.  Auditor's  duty 282 

370.  .Account  and  distribution 282 

371.  Duties  of  the  other  Auditor 283 

372.  Account — Readjustment 283 

373.  Power  of  Trustee 284 

374.  Sale  of  school  lands 284 

375.  Proceedings  to  sell 284 

376.  Ballots 284 

377.  Results  of  election 

378.  Certificate  of  vote ... : ; 285 

379.  Trustee's  duty . . . ., 

380.  Order  and  conduct  of  sale 285 

381.  Terms  of  sale— Timber ', 286 

382.  Forfeiture— Ke-sale 287 

383.  Forfeiture,  how  prevented 287 

384.  Forfeiture— Liability  for  waste 288 

385.  Suit  for  waste 288 

386.  Private  sale 288 

387.  Reappraisement 288 

388.  Advertisement  of  funds 288 

389.  Reappraisejnent  of  forfeited  lands 289 

390.  Appropriation  by  Commissioners 

391.  Certificate  of  purchase 289 

392.  Rights  of  purchase 290 

393.  Failure  to  make  first  payment— Penalty 290 

394.  Assignment 290 

395.  Defective  assignments — Proceedings 290 

396.  Loan  of  purchase  money 291 

397.  Payment , 291 

398.  Lost  certificate 291 

399.  Purchase  money,  where  paid 292 

400.  Duty  of  Auditor 292 

401.  Deed 292 

402.  Sale— Legalization 292 

403.  Title,  when  complete 293 

404.  Sale  had  without  vote 293 

405.  Compensation  on  failure  of  title 293 

406.  Lands  of  surplus  revenue  fund,  how  sold. 294 

407.  Interest— Judgment 294 

408.  Advertisement  of  funds..  294 


CONTENTS.  17 

SEC.  PAGE. 

409.  Bulletin  board  of  loans  295 

410.  Auditor's  duty ., 295 

411.  Appraisement 295 

412.  Duty  of  appraisers 296 

413.  Loans  outside  of  county •„ 296 

414.  Loan  of  School  and  University  Funds 297 

415.  Limit  of  loan 297 

416.  Percentage  of  value  of  loan. 297 

417.  Length  of  time 297 

418.  County  may  borrow 298 

419.  Note  of  county —County  Council 298 

4£0.  Auditor's  warrant 298 

421.  Kate  of  interest 299 

422.  Payment  of  loan 299 

423.  Transfer  from  one  county  to  another 299 

424.  Certificate  as  to  liens 299 

425.  Oath  of  applicant    . 300 

426.  Time  of  loan 301 

427.  Limit  of  loan 301 

428.  Acknowledgments  and  oaths 302 

429.  Record  of  mortgages— Priority 302 

430.  Auditor's  duty 302 

431  Fees 303 

4)}2  Interest  unpaid— Auditor's  duty 303 

433.  Collection  on  default 303 

434.  Fund  to  be  specified 304 

435.  Form  of  mortgage 305 

436.  Form  of  note 306 

437  Warrant  to  borrower 306 

438.  Payments -Quietus 306 

439.  Indorsements  and  satisfaction 307 

440.  Suit  for  deficiency 307 

441.  Notice  of  sales 307 

442.  Manner  of  sale-Surplus 308 

443.  Auditor's  bid 310 

444.  Sale  of  lands  bid  in 311 

445.  Reappraisement  of  forfeited  lands 311 

446.  Appropriation  by  Commissioners 312 

447.  Deed  by  Auditor 312 

448.  Statement  of  sales 313 

449.  Title  in  State  without  deed 313 

450.  Conveyance  to  County 313 

451.  Suit  to  foreclose 313 

452.  Purchase  by  County 

453.  Lease  of  land  purchased 

454.  Sale  of  land — Appraisement 314 

455.  Deeds 315 

456.  Sales  legalized 315 

2— Sen.  LAW. 


18  SCHOOL    LAW    OF    INDIANA. 

SEC.  PAGE. 

457.  Act  supplemental 315 

458.  Cancellation  of  mortgages 316 

459.  Annual  report 316 

460.  Duty  of  Boards 317 

461.  Board's  report 317 

462.  Disposition  of  report 318 

463.  Apportionment  of  loans 318 

464.  Miscellaneous  school  fund  account 318 

465.  Distribution  and  report 319 

466.  Penalty  against  Auditor 319 


CHAPTER  XXIII. 

STATE   NORMAL   SCHOOL. 

467.  Established 32o 

468.  Trustees— Corporate  name 320 

469.  Term  of  office— Vacancies 320 

470.  Organization— Officers 321 

471.  Donations 321 

472.  Location 321 

478.  Contract  for  building 321 

474.  Model  school 

475.  Duty  of  Trustees 322 

476.  Conditions  of  admission 

477.  Tuition  fee 323 

478.  Principle  of  management 

479.  Reports 323 

480.  Board  of  Visitors 323 

481.  Certificates— Diplomas 323 

482.  Pay  of  Trustees 324 

483.  Pay  of  Treasurer  and  Agent 324 


CHAPTER  XXIV. 

INDIANA    UNIVERSITY. 

484.  Recognized   

485.  Tax  for  Endowment  Fund 325 

486.  Application  of  fund 326 

487.  Bond  of  State ,  326 

488.  Loans  by  State  Auditor 327 

489.  Mortgages  taken  by  State  Auditor 327 

490.  State  may  borrow  fund .".27 

491.  Trustees— Corporate  name — Officers — Powers 

492.  The  first  Trustees 328 

493.  The  first  meeting 329 


CONTENTS.  19 

SEC.  -PAGE. 

494.  Vacancies v 329 

495.  Pay  of  Trustees 329 

496.  Trustees  of  Indiana  UniversiXy , 329 

497.  Trustees'  terms  expiring  1891,  successors rr-^ 329 

498.  Trustees'  terms  expiring  1893,  successors 330 

499.  Registry  of  Alumni /. 33(J 

500.  Nomination  of  Trustees 331 

501.  Annual  meeting  of  Alumni 331 

502.  Method  of  voting  by  Alumni 331 

503.  Aimual  meeting 332 

504.  Quorum — Temporary  appointments H  . . .  332 

505.  Seminary  township 332 

506.  Interest  on  loans .y * 332 

507.  Faculty— Powers 332 

508.  No  religious  qualifications 333 

509.  No  sectarian  tenets 333 

510.  'County  student's 333 

51 1 .  Notice  to  counties 333 

512.  Treasurer's  bond 333 

5  r8.     Board  of  Visitors 334 

514.  Visitors  not  attending,  to  be  reported „ 334 

515.  Duties  of  Visitors 334 

516.  Duties  of  Secretary 334 

517.  Duties  of  Treasurer 334 

518.  Keport  to  State  Superintendent f 335 

519.  Lectures  by  faculty „ 335 

520.  Geological  examinations  and  specimens. 335 

521.  .Printing  annual  report ^ 336 

522.  Contents  of  report : 336 

523.  Notice  of  sessions 336 

524.  Buildings  and  repairs 338 

525.  Normal  department 337 

526.  Agricultural  department .. 337 

527.  Scholarships  transferable  337 

528.  Perpetual  scholarships 337 

529.  Library 337 

530.  State  Geologist 338 

531.  Fund,  'how  derived— Loans 338 

532.  Auditor  of  State  to  loan— Duty * '338 

533.  Form  of  mortgage 339 

534.  Form  of  note , 339 

535.  Loans— Security 339 

536.  Interest 339 

537.  Priority  of  mortgage i 340 

538.  Recording  of  mortgage 340 

539.  Certificate  as  to  liens * 340 

540.  Abstract  of  title 340 

541.  Auditor's  duty -. 340 


20  SCHOOL    LAW    OF    INDIANA. 


SEC. 

PAGE. 

542, 

Payment  

340 

543. 

Satisfaction  

341 

544. 

Loans,  how  collected  

341 

545. 

J  udgment  

341 

546. 

Notice  of  sale  

341 

547. 

Sale  

341 

548. 

When  Auditor  to  buv  —  Re-sale  

342 

549. 

Limit  of  bid  —  Overplus  

342 

550. 

Statement  of  sale  

342 

551. 

Title  in  State,  without  deed  

342 

552. 

Sale  for  cash  —  Certificate  

342 

553. 

Sale  on  credit  

342 

554. 

Fees  and  damages  

343 

555. 

Accounts  —  Reports  

343 

556. 

Accounts  with  borrowers  

.........          343 

557. 

Interest,  when  loaned  

343 

558. 

Unsold  lands  

343 

559. 

Certificates  of  payment  —  Patent  

344 

560. 

Leases  

344 

561. 

Commissioners'  report  

344 

562. 

Commissioners'  duty  

344 

563. 

Pav  of  Commissioners  

345 

564. 

Patents,  and  recording  

345 

565. 

Pay  ior  managing  fund  

345 

566. 

Extension  of  payments  

345 

567. 

Forfeiture,  how  prevented.  

345 

568. 

Forfeited  lands  

345 

569. 

Appraisement  of  lands    

346 

570. 

Where  filed  and  recorded  

346 

571. 

Duty  of  County  Auditor  

346 

572. 

Notice  of  sale  

346 

573. 

Sale  

347 

574. 

Terms  of  sale  

347 

575. 

Private  entry  

347 

576. 

Certificate  of  purchase  

347 

577. 

Certificate  to  be  registered  

348 

578. 

Certificate  assignable  

348 

579. 

Forfeiture  

348 

580. 

Surplus  

348 

581. 

Forfeiture,  how  prevented  

348 

582. 

Land,  how  redeemed  

349 

583. 

/  Security  

349 

584. 

Suit  for  waste  

349 

585. 

Patent,  on  full  payment  

349 

586. 

Auditor's  report  

350 

587. 

Treasurer's  report  

350 

588. 

To  pay  money  to  State  Treasurer  

350 

589. 

Pay  of  Auditor  and  Treasurer  

350 

CONTENTS.  21 

SEC.  PAGE. 

590.  Loans 350 

591 .  Disposition  of  proceeds 351 

592.  Report  of  sales 351 

593.  One  Trustee  to  attend  sales 351 

r><)4.  X<>  member  to  deal  in  the  lands 352 

595.  Trustees  to  get  information 352 

5f)<).  State  Treasurer  collects  loans 352 

597.  County  Auditors  loan 353 

59S.  Auditor  of  State  can  not  loan 353 

599.  Counties  pay  interest 353 


CHAPTER  XXV. 

PURDUE    UNIVERSITY. 

600.  Agricultural  college  scrip 354 

601.  The  first  Trustees,  and  original  name 354 

602.  Sale  and  investment  of  scrip 354 

603.  Donations  accepted 355 

604.  Location 355 

60o.  Purdue.  University — Permanent  name 355 

606.  Corporate  name —  Powers  and  duties  of  Trustees 356 

607.  Dedication  of  street 356 

608.  Power  to  ded ieate 357 

609.  Privileges  of  John  Purdue ' 357 

610.  Amendment  or  repeal 357 

611.  Appointment  of  Trustees 357 

612.  Term  of  office 358 

613.  Vacancies,  how  filled   358 

614.  Officers— Treasurer's  bond  and  duties 358 

615.  County  students 359 

616.  Students 359 

617.  Investment  of  fund 359 

618.  Gift  to  establish  Institute  of  Technology 360 

619.  Farmers'  Institutes     361 

620.  Time  and  place  of  holding  Institutes 361 

621.  Appropriation 361 

622.  Acceptance  of  United  States  grant 361 


CHAPTER  XX VL 

TAX   FOR  INDIANA   AND   PURDUE   UNIVERSITIES   AND  STATE  NORMAL  SCHOOL. 

623.  Amount  of  tax— Division 362 

624.  Repeal  of  General  appropriation — Permanent  fund  not  affected. . .  363 


22  SCHOOL    LAW    OF    INDIANA 


CHAPTER  XXVII. 

STATE   LIBRAKY. 

SEC.  PAGE, 

625.  Management 364 

626.  Election  of  Librarian 364 

627.  Term  of  office 364 

628.  Bond  of  Librarian 364 

629.  Library— When  to  be  open 364 

630.  .Removal  of  bopks  forbidden 365 

631.  Who  may  use  library 365 

632.  Use  not  transferable— Penalty 365 

633.  Catalogue 365 

634.  Fines 366 

635.  Purchasing  Board — Appropriation 366 

636.  Laws  and  law  books 366 

637.  Collection  and  binding  of  documents 366 

638.  Preservation  of  laws  and  journals 367 

63&  Legislative  papers 367 

640.  Exchanges 367 

641.  Embezzlement 367 

642.  Missing  books 368 

643.  Salaries 368 

644.  Report 368 

645.  Removal  of  Librarian  or  Assistants 368 

646.  Removing  books — Misdemeanor 368 

647.  Injury  to  books— Penalty 368 

APPENDIX. 
THE  CONSTITUTION  OF  THE  STATE  OF  INDIANA  OF  1851. 

648.  Constitution 369 

649.  Index  to  Constitution 404 

ADDENDUM. 

650.  Voters  ,at  district  meetings 416 

651.  Traffic  in  questions 416 


L    INTRODUCTION. 


A  HISTORY  OF   THE   SCHOOL   SYSTEM. 

INDIANA  COMMON  SCHOOL  SYSTEM. 

It  was  on  the  10th  day  of  October,  1780,  that  the  corner-stone  of  eur  Terri- 
torial system  was  laid,  by  the  adoption  of  a  resolution  in  the  Continental  Congress, 
which  declares  "that  all  Territorial  lands  shall  be  disposed  of  for  the  common 
benefit  of  the  United  States,  and  shall  be  settled  and  formed  into  distinct  republi- 
can States,  which  shall  become  members  of  the  Federal  Union,  and  have  the  same 
rights  of  sovereignty,  freedom  and  independence  as  the  other  States." 

It  was  this  resolution  that  Maryland,  one  of  the  landless  States,  had  been 
contending  for  before  she  would  formally  adopt  the  Articles  of  Confederation,  and 
thereby  become  one  of  the  "Original  Thirteen  States." 

Perhaps  no  single  act  has  so  far  exceeded  the  expectations  of  its  promoters  as 
has  this  act  of  Maryland's  refusing  to  ratify  the  Articles  of  Confederation,  which 
compelled  the  Congress  to  invent  the  Territorial  policy,  fraught  with  such  results. 

In  1783,  when  a  treaty  of  peace  was  entered  into  between  the  United  States  and 
Great  Britain,  the  skillful  diplomacy  of  Jay,  Franklin  and  Adams  gave  to  us  the 
territory  conquered  through  the  untiring  energy  of  George  Rogers  Clark,  and  the 
boundary  of  the  United  States  was  made  the  Mississippi  on  the  West  and  the  great 
lakes  on  the  north. 

In  1783  the  Legislature  of  Virginia  passed  "  an  act  to  authorize  the  delegates 
of  Virginia  in  Congress  to  convey  to  the  United  States,  in  Congress  assembled,  all 
the  right  of  this  Commonwealth  to  the  territory  northwestward  of  the  river  Ohio." 
This  deed  was  signed  by  Thomas  Jefferson,  Samuel  Hard,  Arthur  Lee  and  James 
Monroe,  and  the  Continental  Congress  accepted  the  same.  It  was  Jefferson  who 
had  so  earnestly  supported  Clark's  efforts,  and  who  had  done  much  to  urge  Vir- 
ginia in  her  magnanimous  gift  to  the  United  States.  He  drafted  the  first  ordi- 
nance for  the  government  of  this  territory,  and  he  might  have  succeeded  in  having 
the  "ordinance  of  1784"  adopted  had  he  not  been  so  radical  on  the  slavery  ques- 
tion. 

In  a  letter  to  Madison  he  wrote :  "  The  curse  of  slavery  must  riot  be  allowed 
to  extend  to  new  territory,"  and  he  proposed  in  the  "ordinance  of  1784  "  that 
slavery  be  prohibited  south  of  the  Ohio  River  as  well  as  north  of  it,  and  to  this 
his  own  State  would  not  accede.  But  this  prepared  the  way  for  a  greater  ordi- 
nance, that  of  1787,  and  as  Jefferson  had  been  sent  abroad  there  is  no  evidence 
that  he  was  in  any  way  interested  in  its  preparation  or  adoption. 

The  Continental  C  ongress,  with  hardly  enough  vitality  left  to  complete  its 
brief  work,  was  driven  into  the  passage  of  this  famous  piece  of  legislation,  the 
ordinance  of  1787,  by  a  few  delegates  who  had  remained  in  session  at  New  York, 
and  which  stands  out  as  the  most  brilliant  achievement  of  that  remarkable  body, 


24  SCHOOL   LAW    OF   INDIANA. 

excepting,  perhaps,  the  Declaration  of  Independence.  The  necessity  of  the  pass- 
age was  revenue  for  the  General  Government,  but  its  most  memorable  provisions 
were  those  relating  to  hnman  rights ;  ordaining  religious  freedom,  offering  security 
to  both  person  and  property,  encouraging  education,  and  dedication  of  the  soil  to 
freedom  forever.  Madison  said  of  it  that  it  was  the  exercise  of  national  sover- 
eignty without  the  shadow  of  constitutional  authority.  "  Religion,  morality  and 
knowledge  being  necessary  to  good  government  and  the  happiness  of  mankind, 
schools  and  the  means  of  education  shall  be  forever  encouraged."  So  familiar 
have  these  words  become  in  the  Northwest  that  every  State  that  has  been  organ- 
ized since  that  time  felt  under  obligations  to  carry  out  this  provision.  The  prin- 
ciple of  reserving  one  or  more  sections  has  been  followed  by  every  State  since 
then  (excepting  West  Virginia),  and  in  some  very  liberal  donations  have  been 
made  looking  toward  the  founding  of  a  large  permanent  school  fund.  It  was  not 
till  1795,  when  General  Wayne  made  his  famous  treaty  with  the  Indians,  that  the 
lands  within  the  boundaries  of  Indiana  were  open  to  peaceful  and  permanent  set- 
tlement. 

In  1800  Indiana  Territory  was  formed.  In  1804  Congress  passed  an  act  enti- 
tled "An  act  making  provision  for  the  disposal  of  the  public  lands  in  three  land 
districts,  viz.  :  Detroit,  Vincennes  and  Kaskaskia."  In  1805  the  Detroit  district 
became  the  Territory  of  Michigan ;  in  1809  Kaskaskia  became  Illinois,  and  In- 
diana assumed  her  present  size. 

THE   FIRST  PUBLIC   SCHOOL   A   UNIVERSITY. 

The  act  of  1804,  above  referred  to,  provided  for  the  sale  of  certain  lands 
"  excepting  section  numbered  sixteen,  which  shall  be  reserved  in  each  township 
for  the  support  of  schools  within  the  same ;  also,  of  an  entire  township  in  each  of 
the  three  districts,  to  be  located  by  the  Secretary  of  the  Treasury  for  the  use  of  a 
seminary  of  learning."  Albert  Gallatin,  then  Secretary  of  the  Treasury,  located 
"  township  2  south,  range  11  east,"  now  in  Gibson  County,  Indiana,  for  the  use  of 
a  seminary  of  learning,  as  required  by  this  act. 

The  act  that  lies  at  the  foundation  of  our  common  school  system,  and  therefore 
vitally  important  here,  is  the  Territorial  act  of  the  First  General  Assembly  of  the 
Territory  of  Indiana,  held  at  Vincennes,  entitled  "An  act  to  incorporate  a  Uni- 
versity in  the  Indiana  Territory."  This  act  was  approved  by  Governor  William 
Henry  Harrison,  November  29,  1806. 

The  Legislative  Council  then  enacted  "that  a  University  to  be  called  and 
known  as  the  Vincennes  University  "  should  be  established,  and  it  elected  a  Board 
of  Trustees,  consisting  of  twenty-three  members,  of  which  Governor  Harrison  was 
made  President. 

The  act  provided  that  the  Trustees  were  to  establish  as  speedily  as  possible 
such  University  and  to  appoint  a  President  to  govern  it,  and  four  professors  "for 
the  instruction  of  youth  in  Latin,  French,  Greek  and  English  languages,  mathe- 
matics, natural  philosophy,  logic,  rhetoric,  and  the  law  of  Nature  and  nations." 

It  was  further  provided  that  no  particular  tenets  of  religion  should  be  taught 
in  said  University,  and,  whenever  the  funds  of  the  University  permitted,  all 
students  were  to  be  educated  free  of  charge. 

The  establishment  of  a  separate  institution  for  the  education  of  women  and 
the  raising  of  funds  through  a  system  of  lotteries  were  also  authorizecL 


INTRODUCTION.  25 

Vincennes  University  was  the  first  institution  under  the  act  of  the  Territorial 
Assembly,  as  it  was  the  first  institution  of  learning  in  Indiana.  The  seminary 
township  reserved  by  Congress  in  1804  was  given  to  it,  and  it  was  also  empowered 
to  sell  four  thousand  acres  and  to  receive  bequests. 

Some  time' was  necessary  for  the  Board  of  Trustees  of  Vincennes  University 
to  make  arrangement  for  the  opening  of  the  school,  and  it  was  not  until  1810  that 
the  school  was  ready  for  students.  Samuel  Scott  was  its  first  President,  he  having 
been  called  to  that  position  unanimously,  as  he  had  made  somewhat  of  a  reputa- 
tion in  Vincennes  as  the  principal  of  a  private  school  established  two  years  prior 
to  that  time.  The  University  of  Vincennes  was  in  continuous  existence  till  1825, 
when  the  Legislature  converted  it  into  a  county  seminary. 

The  State  gave  it  no  support  by  taxation,  and  in  1822  passed  an  act  which 
practically  confiscated  all  the  lands  belonging  to  the  Vincennes  University. 
Something  over  15,000  acres  of  land  in  the  seminary  townships  of  Gibson  and 
Monroe  counties  were  sold  and  the  proceeds  turned  into  the  State  Treasury.  In 
1838  the  legislature  resuscitated  the  old  corporation  of  this  University,  but  in- 
serted a  clause  intended  to  prevent  a  renewal  of  claims  taken  from  it  in  1822. 
The  suit  of  1846  covered  all  the  points  at  which  the  State  and  Board  of  Trustees 
were  at  variance.  In  1846  the  Legislature  of  Indiana  authorized  "the  Trustees 
of  Vincennes  University  to  bring  suit  against  the  State  of  Indiana "  to  test  the 
question  of  the  title  to  lands  held  by  the  several  purchasers  in  Gibson  and  Monroe 
counties. 

The  case  went  to  the  Supreme  Court  of  the  United  States,  where  a  judgment 
favorable  to  the  University  was  obtained,  amounting  to  a  little  over  $50,000. 
After  the  reorganization  according  to  the  enabling  act  of  1838  and  the  long  period 
of  litigation,  the  year  1853  found  Vincennes  University  again  ready  to  open  its 
doors  to  students. 


FURTHER  TERRITORIAL,   LEGISLATION. 

Another  Territorial  act  relating  to  schools  was  passed  in  1808,  and  provided 
that  school  lands  might  be  leased  for  a  period  not  to  exceed  five  years,  at  the  dis- 
cretion of  the  County  Courts.  The  lessee  was  required  to  put  under  cultivation 
not  less  than  ten  acres  in  each  quarter  section. 

In  1810  still  another  Territorial  act  was  passed,  in  which  the  County  Courts 
were  required  to  appoint  trustees  of  school  lands — one  to  each  Congressional 
Township— and  the  lease  provided  for  in  the  act  of  1808  was  modified  so  as  to 
limit  the  amount  of  land  that  any  one  person  might  lease  to  160  acres,  and  the 
destruction  of  timber  was  prohibited. 

When  the  enabling  act  of  Congress  was  passed  and  the  State  Convention  held 
at  Corydon  June  10  and  29,  1816,  a  Constitution  was  adopted.  The  ninth  article 
of  it  requires  the  General  Assembly  "to  provide  by  law  for  the  improvements  of 
such  lands  as  are,  or  hereafter  may  be,  granted  by  the  United  States  to  this  State 
for  the  use  of  schools,  and  to  apply  any  funds  which  may  be  raised  from  such 
lands,  or  from  any  other  quarter,  to  the  accomplishment  of  the  grand  object  to 
which  they  are  or  may  be  intended." 

In  section  2  it  is  made  "the  duty  of  the  General  Assembly  to  provide  by  law 
for  a  general  system  of  education,  ascending  in  a  regular  gradation  from  township 
schools  to  a  State  University,  wherein  tuition  shall  be  gratis  and  equally  open  to 


26  SCHOOL   LAW   OP   INDIANA. 

all."  The  money  paid  by  persons  exempt  from  military  duty,  except  in  times  of 
war,  was  to  go  to  the  schools,  and  so  were  all  fines. 

Section  6  is  as  follows:  "The  General  Assembly  at  the  time  it  lays  off  a  new 
county  shall  cause  at  least  10  per  cent,  to  be  reserved  out  of  the  proceeds  of  the 
sale  of  town  lots  in  the  seat  of  justice  of  such  county  for  the  use  of  a  public  library 
for  such  county;  and  at  the  same  session  they  shall  incorporate  a  library  company, 
under  such  rules  and  regulations  as  will  best  secure  its  permanence  and  extend 
its  benefits." 

In  1849,  when  the  Legislature  had  voted  to  submit  the  question  of  a  constitu- 
tional convention  to  the  people,  a  new  generation  had  come  upon  the  scene,  and 
a  new  Constitution  was  as  strongly  urged  by  the  friends  of  education  as  by  those 
of  commercial  ancT  political  interests.  Not  so  much  because  the  constitutional 
provision  of  1816  was  at  fault,  but  because  no  school  system  had  been  perfected 
under  it. 

On  the  7th  of  October,  1850,  the  constitutional  convention  met,  and  February 
10,  1851,  the  new  Constitution  was  completed.  It  was  accepted  by  the  people  by 
a  vote  of  three  for  it  to  one  against  it,  and  on  November  1,  1851,  it  went  into 
effect.  It  requires  "the  General  Assembly  to  provide  by  law  for  the  general  and 
uniform  system  of  common  schools,  wherein  tuition  shall  be  without  charge  and 
equally  open  to  all". 

The  second  section  of  Article  9  is  as  follows:  "The  common  school  fund 
shall  consist  of  the  Congressional  township  fund  and  the  lands  belonging  thereto, 
the  surplus  revenue  fund,  the  Saline  fund  and  the  lands  belonging  thereto;  the 
bank  tax  fund,  and  the  fund  arising  from  the  114th  section  of  the  charter  of  the 
State  Bank  of  Indiana;  the  fund  to  be  derived  from  the  sale  of  county  seminaries, 
and  the  moneys  and  property  heretofore  held  for  such  seminaries;  from  the  fines 
assessed  for  breaches  of  the  penal  laws  of  the  State,  and  from  all  forfeitures  which 
may  accrue;  all  lands  and  other  estate  which  shall  escheat  to  the  State  for  want 
of  heirs  or  kindred  entitled  to  the, inheritance;  all  lands  that  have  or  may  here- 
after be  granted  to  the  State  when  no  special  purpose  is  expressed  in  the  grant, 
and  the  proceeds  of  the  sales  thereof,  "including  the  proceeds  of  the  sales  of  the 
swamp  lands  granted  to  the  State  of  Indiana  by  the  act  of  Congress  of  the  28th  of 
September,  1850,  after  deducting  the  expense  of  selecting  and  draining  the  same; 
taxes  on  the  property  of  corporations  that  may  be  assessed  by  the  Genera] 
Assembly  for  common  school  purposes." 

The  principal  of  the  common  school  fund  c*,n  not  be  diminished,  and  the 
income  must  go  to  the  schools. 

The  funds  are  to  be  properly  invested,  the  counties  are  made  liable  for  the 
moneys  intrusted  to  them,  and  are  responsible  for  the  payment  of  the  annual 
interest.  Trust  funds  are  to  be  preserved  inviolate  and  devoted  exclusively  to 
school  purposes.  It  is  made  the  duty  of  the  Legislature  to  provide  for  the  election 
of  a  Superintendent  of  Public  Instruction. 

The  first  act  relating  to  schools  was  passed  December  24,  1816,  and  provided 
"  For  the  appointment  of  a  School  Superintendent  of  the  school  section  in  each 
congressional  township."  The  duty  of  this  officer  was  to  lease  the  lands  for  a  term 
of  years  in  order  to  have  them  improved,  which  proved  an  advantage  to  the  fund 
when  these  lands  were  offered  for  sale.  This  same  act  also  provided  "that by  the 
petition  of  twenty  householders  in  any  congressional  township,  there  should  be  an 
election  of  three  Township  Trustees  for  school  purposes."  No  funds  were  avail- 


INTRODUCTION.  27 

able  at  this  time  for  the  use  of  the  schools,  so  these  Trustees  could1  do  very  little, 
although  the  law  gave  them  wide  discretionary  power. 

The  legislation  so  far  had  awakened  an  interest  that  crystallized  into  a 
resolution  passed  January  9,  1821,  appointing  a  committee  of  seven  to  prepare 
"for  the  next  session  of  the  General  Assembly»abill  providing  for  a  general  State 
public  school  system." 

The  report  of  this  committee  was  not  completed  till  1824,  when  it  took  the 
form  of  a  bill,  which  was  almost  wholly  the  work  of  Benjamin  Parke. 

The  act  was  entitled,  "An  act  to  incorporate  Congressional  Townships,  and 
providing  for  public  schools  therein." 

The  three  Township  Trustees  were  continued,  who  had  charge  of  school  lands 
and  school  funds,  and  who  were  empowered  to  divide  their  townships  into  districts 
and  to  appoint  sub-trustees  in  each.  They  were  also  authorized  to  examine 
teachers,  establishing  the  theory  that  some  sort  of  a  test  is  necessary  for  those 
desiring  to  teach  in  the  public  schools.  School  buildings  were  to  be  erected  by 
the  people  of  the  district,  and  the  law  levied  the  tax  for  that  purpose  in  the  shape 
of  manual  labor. 

The  application  of  this  law  principle,  as  established  by  the  courts,  gave  us  a 
fund  now  called  special  school  revenue. 

Authority  to  sell  the  school  lands  was  subsequently  obtained  from  Congress, 
and  in  1831  an  act  supplemental  to  the  one  of  1824  was  enacted,  adding  a  School 
Commissioner  to  the  official  list  of  school  officers  of  each  county  who  was  to  act  as 
a  sort  of  a  financial  agent  for  the  local  school  corporations. 

When  a  school  had  been  opened  the  voters  of  a  school  district  were  to  decide 
how  much  local  tax,  if  any,  should  be  levied,  the  length  of  sohool  term,  but  this 
provision  was  made  absolutely  ineffective  by  providing  "that  no  person  shall  be 
liable  for  tax  who  does  not  wish  to  participate  in  the  benefits  of  the  school  fund." 

Further  encouragement  wa^  given  the  cause  of  education  by  Congress  in  1832 
in  removing  the  restrictions  thrown  around  the  grant  of  the  salt  lands  granted  to 
the  State  of  Indiana  in  1816,  so  that  in  1833  the  State  Legislature  proceeded  to 
sell  the  same,  "the  proceeds  of  which  shall  be  appropriated  to  the  support  of 
common  schools." 

This  was  the  first  positive  recognition  of  the  principle  of  Sfcate  responsibility 
for  the  education  of  its  children. 

The  law  of  February  2.  1833,  was  by  far  the  most  elaborate  that  had  been 
enacted,  containing  205  sections.  The  School  Commissioner  of  each  county  and 
three  trustees  in  each  township  were  retained,  and  three  sub-trustees  in  each  dis- 
trict were  required. 

The  enumeration  of  school  children  was  required  to  be  taken,  dividing  them 
into  three  classes:  (a)  Those  under  five  years  of  age,  (b)  those  between  five  and 
fourteen  years  of  age,  (c)  those  from  fourteen  to  twenty-one. 

The  local  idea  prevailed  largely  throughout  this  law,  as  the  district  trustees 
might  call  meetings  of  the  inhabitants  for  counsel,  and  upon  petition  of  five 
householders  they  were  required  to  do  so.  Whatever  was  determined  upon  by 
such  meeting  must  'be  carried  out  by  the  district  trustees.  No  discretidnary 
power  was  allowed  them. 

Since  the  provisions  were  optional,  we  are  led  to  believe  that  the  State's  sys- 
tem of  internal  improvements  of  1831-37  had  so  burdened  the  people  that  the 
cause  of  education  was  greatly  neglected,  and  that  the  dread  of  taxation  practi- 
cally made  the  operation  of  the  school  law  a  nullity. 


28  SCHOOL   LAW   OF   INDIANA. 

Incompetent  teachers  through  the  so-called  examinations  held  by  the  district 
trustees  under  this  law  brought  reproach  upon  the  Indiana  schools  at  home  and 
distrust  abroad.  But  February  6,  1837,  this  was,  in  a  measure,  remedied  by  the 
enactment  of  another  law  similar  in  its  main  features  to  the  one  of  1838,  except- 
ing there  were  three  examiners  appointed  by  the  Circuit  Court,  and  though  this 
was  far  from  what  it  should  have  been,  it  was  a  long  step  in  advance,  establishing 
the  recognized  principle  of  later  years  "that  any  movement  toward  bettering  the 
schools  must  primarily  regard  the  improvement  of  the  teachers."  It  was  in  this, 
the  examination  and  employment  of  teachers,  that  a  school  law  first  became 
mandatory. 

On  the  7th  of  December,  1841,  Governor  Bigger,  in  his  message  to  the  Gen- 
eral Assembly,  recommended  the  appointment  of  an  agent  to  look  into  and  report 
the  condition  of  the  school  funds  of  the  State.  In  1843  the  Treasurer  of  State  was 
denominated  a  Superintendent  of  Common  Schools.  He  was  instructed  to  prepare 
&  report  to  the  General  Assembly  embodying  the  following  points  :  (1)  The  con- 
dition and  amount  of  school  funds.  (2)  The  condition  of  colleges.  (3)  The  con- 
dition of  county  seminaries.  (4)  The  number  and  condition  of  common  schools. 
(5)  Expenditures  of  school  revenues.  (6)  Plans  for  the  management  of  the  school 
funds  and  the  better  organization  of  the  common  schools,  and  (7)  general  recom- 
mendations. 

As  the  members  of  the  General  Assembly  were  gathering  at  the  capital  in 
December,  1846,  there  appeared  in  the  columns  of  the  Indiana  State  Journal  of 
December  7,  a  ''message"  from  "One  of  the  People."  It  took  the  dignified  tone 
of  a  Governor's  message,  and  startled  all  with  brilliant  rhetoric  and  attractive 
array  of  figures.  Its  author  had  come  into  the  State  from  the  East  in  1833,  and 
during  all  these  years  he  had  made  a  careful  study  of  the  public  school  problem, 
noting  that  none  of  the  legislative  enactments  had  met  the  expectations  of  the 
friends  of  popular  education. 

So  full  of  helpful  suggestions  was  the  paper  that  Governor  Whitcomb  voiced 
its  sentiments  in  his  official  communication. 

The  author  was  Prof.  Caleb  Mills,  and  in  this  "message"  and  the  five  which 
followed  he  discussed  the  educational  needs  of  Indiana,  emphasizing:  (1)  Want 
of  competent  teachers.  (2)  Need  of  suitable  texts.  (3)  Lack  of  interest  through- 
out the  community.  (4)  Want  of  funds.  And  recommending:  (1)  General  tax- 
ation for  the  support  of  the  school.  (2)  Distribution  of  funds  according  to  the 
school  census.  (3)  Intelligent  supervision. 

"In  May,  1847,  a  public  meeting  of  the  citizens  of  Indianapolis  was  held,  at 
which  a  committee  was  appointed,  correisting  of  Ovid  Butler.  Henry  Ward  Beecher 
and  John  Coburn,  to  provide  for  a  general  convention  of  the  State's  educators  and 
the  friends  of  education,"  says  Professor  Boone  in  his  "History  of  Education  in 
Indiana."  "  A  circular  was  issued,  including  extracts  from  the  recent  report  of 
the  Superintendents  of  Common  Schools,  and  a  call  for  a  meeting  on  May  26,  1847. 
This  was  the  first  of  a  series  of  'State  common  school  conventions,' without  an 
understanding  of  whose  influence  any  study  of  the  next  ten  years  of  school  agita- 
tion would  be  only  superficial.  Their  deliberation  determined  legislation,  edu- 
cated public  sentiment,  conducted  campaigns,  and  generally  reformed  the  system 
as  no  individual  could  have  done,"  continues  Professor  Boone.  "  The  convention 
of  1847  was  presided  over  by  the  Hon.  Isaac  Blackford,  continued  its  session  for 
three  days  and  represented  in  its  attendance  of  three  hundred  the  best  thought 


INTRODUCTION.  29 

and  the  philanthropy  of  the  State.  Two  committees  were  appointed — one  to  lay 
before  the  Legislature  a  typical  bill,  the  other  to  prepare  an  address  to  be  pub- 
lished and  distributed  to  the  people.  The  committee  on  legislation,  at  a  conven- 
tion of  educators  and  members  of  the  Assembly,  held  in  the  House  of  Representa- 
tives December  8,  1847,  made,  through  Judge  Kinney,  a  statement  of  its  general 
provisions."  The  convention  in  discussing  the  provisions  of  this  bill  agreed  upon 
a  suggestion  that  an  election  should  be  held  and  a  vote  taken  upon  the  question 
of  free  schools,  to  be  in  connection  with  the  Presidential  election  of  1848.  Instead 
of  passing  the  bill  recommended  by  the  committee  on  legislation,  one  referring 
the  question  of  free  schools  to  a  vote  of  the  people  was  enacted. 

A  vigorous  campaign  was  made  by  the  friends  of  education,  in  spite  of  the 
many  issues  of  a  somewhat  remarkable  Presidential  campaign,  and  the  act  was 
adopted  by  a  large  majority. 

On  January  16,  1849,  the  fifth  general  school  law  had  passed  the  General 
Assembly,  and  on  the  17th  the  Governor's  signature  was  attached.  The  forward 
steps  taken  in  the  law  were  the  recognition  of  public  taxation  for  the  support  of 
schools,  making  the  township  the  unit  for  the  distribution  of  the  funds  and  the 
length  of  terra,  both  of  which  are  retained  in  our  school  law  of  to-day — the  latter 
a  phase  distinctively  Indianian,  and  of  which  we  are  justly  proud. 

The  errors  of  that  law  are  shown  in  section  29,  making  the  public  schools 
subordinate  to  private  schools,  and  section  31,  where  a  ratification  of  the  law  was 
necessary  to  make  it  binding  upon  counties.  After  the  question  had  once  been 
submitted  to  the  people  and  by  a  large  majority,  an  expression  was  given  author- 
izing the  General  Assembly  to  enact  certain  laws,  why  that  body  did  not  have  the 
courage  to  enforce  such  acts  is  a  question  that  can  not  be  fully  answered,  but  it 
shows  an  utter  want  of  courage  on  the  part  of  our  law-making  body. 

The  whole  question  had  to  be  opened  up,  and  the  friends  of  education  were 
active,  aggressive,  and  in  the  end  successful,  but  the  adoption  did  not  depend 
upon  the  vote  of  the  State,  but  of  counties,  some  of  which  never  assented  to  the 
law  of  1849,  but  worked  under  the  old  law. 

The  difficulties  that  would  have  arisen  out  of  such  an  anomaly  can  not  now 
be  approximated,  but  relief  came  soon.  Two  days  prior  to  the  passage  of  the 
educational  bill,  the  Legislature  voted  to  submit  the  question  of  a  constitutional 
convention  to  the  people.  The  constitutional  convention  met,  and  in  it  were 
many  friends  of  education,  whose  work  has  been  mentioned  before,  and  whose 
success  is  manifest  in  the  Constitution  which  they  framed.  It  was  at  this  time 
that  Professor  Mills'  sixth  " message"  was  issued,  and  the  only  one  that  received 
official  recognition.  Five  thousand  copies  were  ordered  by  the  State  Senate  to  be 
printed  for  distribution,  thereby  extending  the  influence  of  this  helpful  agent 
throughout  the  State. 

The  new  Constitution  having  now  gone  into  effect,  a  radical  change  had  been 
made  in  the  educational  provisions.  To  solve  the  problem  was  the  great  difficulty 
with  which  the  Legislature  of  1852  had  to  wrestle.  After  the  enactment  of  the 
law  of  1852  came  the  interpretation  of  it  by  the  courts  as  to  the  constitutionality 
of  certain  sections.  This  required  time,  and  for  some  years  little,  if  any,  advance 
was  made  along  the  line  of  a  permanent  educational  policy  of  the  State. 

The  agitation  of  the  slavery  question  and  the  Civil  War  still  farther  delayed 
matters,  but  the  law  of  1852,  remodeled  in  the  light  of  the  several  decisions  of  the 
courts,  was  embodied  in  the  act  of  1865,  the  last  exhaustive  statute  on  the  subject 


30  SCHOOL   LAW   OF   INDIANA. 

of  education.  This,  as  amended  to  date,  with  a  few  supplemental  sections  and 
acts,  the  most  important  of  which  are  the  act  establishing  the  State  Normal  School 
(1865),  and  that  creating  the  county  superintendency  (1873),  and  the  school 
tezt-book  law  ( 1889 )  constitute  the  school  law  of  Indiana. 

INDIANA'S  ANCESTRY. 

A  close  analysis  of  civilization  will  reveal  the  fact  that  there  are  four  funda- 
mental institutions  through  which  the  development  of  any  people  has  been  made, 
viz. :  The  family,  the  church,  society  and  the  State.  Every  fact  of  history  bears 
directly  upon  one  or  more  of  these,  and  a  study  of  history  is  simply  a  study  of 
the  development  of  these  factors  of  civilization.  Even  in  literature,  where  the 
author's  ideal  more  nearly  approaches  the  truth,  perhaps,  we  see  in  the  "plot" 
simply  a  development  of  one  or  more  of  these  same  essential  elements.  The 
growth  of  the  Indiana  school  system  follows  closely  these  same  fundamentals,  and 
we  shall  now  attempt  to  trace  them  from  the  conception  to  the  present  time.  In 
discussing  any  historical  fact  connected  with  any  State  we  must  begin  with  the 
two  typical  colonies  of  Revolutionary  fame. 

The  two  leading  States  of  the  American  confederation,  in  population  and 
force  of  ideas,  were  without  question  the  two  oldest — Virginia  and  Massachusetts. 
Situated  so  far  apart,  and  with  coordinate  rather  than  conflicting  material  in- 
terests, they  came  together  without  a  serious  thought  of  rivalry.  Both  were 
drained  heavily  for  the  cost  of  the  Revolutionary  War,  but  both  remained  stead- 
fast to  the  American  cause  and  to  one  another.  The  soil  of  the  one  State  drank 
the  blood  of  the  Revolution,  and  that  of  the  other  the  last.  The  social  conditions 
of  these  two  commonwealths  were  very  different. 

THE   NEW    ENGLAND   CHARACTER. 

In  Massachusetts  appeared  the  fullest  type  of  the  New  Englander,  or 
"Yankee,"  already  far  renowned  as  sharp,  clever,  tenacious,  energetic,  and  of  an 
encroaching  disposition.  Here  flourished  a  republic  founded  on  equal  rights,  the 
most  successful  experiment  of  the  kind  then  known.  The  Legislature  of  Massa- 
chusetts was  an  aggregate  of  towns  acting  through  town  representatives.  To  this 
town  system  it  was  largely  owing  that  the  political  machinery  ran  so  smoothly. 
Town  meetings,  the  unit  of  self-government,  brought  men  together  for  a 
primary  education  in  affairs,  and  the  neighborly  association  of  citizens  gave 
a  powerful  impulse  to  public  spirit.  Boston  was  the  abode  of  commerce  and 
refinement.  And  yet  the  town  was  not  so  populous  that  the  public  operations 
which  most  concerned  him  might  elude  the  keen  eye  of  the  private  taxpayer. 
Wealth  was  not  monopolized,  but  nearly  all  toiled  for  a  living.  Climate  and  soil 
alike  favored  energy  of  character,  while  each  inhabitant  found  a  great  diversity 
of  pursuits  to  chose  from.  Public  schools  had  long  flourished.  Religious 
discipline  was  universally  strict.  Though  family  attachments  were  strong, 
aristocracy  had  no  deep  root.  The  New  England  character,  strong  in  wrestling 
with  imperfect  opportunities  and  disputations,  became  busy  with  the  concerns  of 
a  petty  existence ;  the  Yankee  was  a  narrow  interpreter  of  writings,  because  he 
reverenced  ink  and  parchment;  and  saving,  often  niggardly  in  his  economies, 
because,  with  harsh  soil  and  climate,  it  was  not  easy  to  make  a  living.  But  the 
New  Englander  had  backbone,  audacity,  habits  of  industry  and  a  conscientious 


INTRODUCTION.  3l 

disposition.  Experience  and  travel  would  widen  his  vision ;  increasing  wealth 
foster  a  more  generous  sentiment.  Under  slight  reservation  Massachusetts  was 
liberalized  New  England;  Boston  was  liberalized  Massachusetts,  and  liberalized 
Boston  carried  the  heaviest  brains  in  America. 

THE   VIRGINIAN. 

Viginia  had  very  different  advantages  to  boast  of.  Notwithstanding  the 
liberal  politics  of  her  most  enlightened  sons,  her  institutions  were  at  this  time 
essentially  aristocratic. 

This  was  owing  partly  to  the  circumstances  under  which  the  State  had  been 
colonized,  partly  to  the  enervating  climate  and  spontaneous  fertility  of  the  land, 
which  tempted  those  who  could  afford  it  to  leave  work  to  others  and  take  their 
ease,  and  partly,  of  course,  to  the  long  continuance  of  slavery  as  part  of  the 
agricultural  and  social  system.  Virginia  was  colonized  by  gentlemen,  and  often 
helpless  ones  at  that:  blood  and  pedigree  always  ruled  in  her  affairs.  Tobacco 
was  the  great  staple  of  a  State  given  over  to  agriculture,  whose  great  mineral 
resources  had  been  scarcely  developed,  and  whose  manufactures  and  commerce 
were  always  insignificant.  So  few  were  the  skilled  mechanics  in  this  populous 
State  in  the  early  days  that  a  rich  planter,  who  could  make  lavish  display  of 
costly  furniture  and  imported  plate  and  linen,  lodged  not  uncommonly  in  a 
rickety  house.,  with  smoky  chimneys,  broken  window  panes  and  doors  which  the 
ever-welcome  guest  had  to  claw  open.  There  was  a  dash  of  chivalry,  frankness 
and  generosity  about  the  true-blooded  Virginian  which  made  his  leadership 
irresistible.  And  what  more  prolific  mother  of  a  nobility  was  there  in  the 
eighteenth  century  than  the  Old  Dominion  ?  Here  Randolphs,  Masons  and  Lees 
were  men  of  ability,  men  of  progress.  *  *  *  The  poor  white  of  Virginia  was 
not  an  interesting  personage.  The  humbler  native,  leading  a  vagabond  life  and 
subsisting  miserably,  accepted  the  low  estate  to  which  he  was  born  with  little 
ambition  to  improve  it.  If  a  mechanic,  his  skill  rarely  went  beyond  patching  a 
shoe  or  stopping  a  leaky  roof ;  as  a  farmer,  he  left  his  corn  and  tobacco  to  scratch 
their  way  upward  through  the  ill-dressed  ground,  while  he  sauntered  idly  about 
with  his  gun.  He  was,  however,  good  natured,  generous  according  to  his  means, 
and  as  hospitable,  in  a  poor  way,  as  the  best  gentleman  he  patterned  after.  He 
was  fond  of  his  State  and  its  great  men,  and  loyal  to  some  one  of  the  families  who 
contended  for  the  honor  of  pocketing  the  borough  in  which  he  voted.  He  liked 
political  excitement:  elequence,  of  which  Virginia  had  a  copious  supply,  made 
his  wild  eyes  glisten,  and  when  his  own  candidate  gave  a  sharp  thrust,  he  slapped 
his  long  shanks  and  showed  his  yellow  teeth  from  ear  to  ear.  He,  like  his 
superiors,  had  a  turn  for  dissipation  and  low  sports.  *  *  *  But  Virginia 
character  had  always  the  same  bold  lines;  its  best  development  was  invariably  in 
the  patrician  rank,  whose  vices,  as  often  happens  under  like  conditions,  the  plebians 
eojiied  more  faithfully  than  their  virtues.  The  Virginian  was  a  born  politician. 
He  commonly  received  a  good  education ;  yet  wedded  little  to  books,  and  growing 
up  in  an  out-of-door  atmosphere,  he  led  not  so  much  from  force  of  scholarly 
attainments  as  from  his  capacity  for  profound  convictions,  his  tact  and  sympa- 
thetic acquaintance  with  human  nature.  He  did  not  domineer  so  offensively  nor 
lose  his  temper  so  readily  as  his  brethren  of  a  lower  latitude.  To  men  of  his 
calibre,  some  special  incentive  is  needful  to  inspire  heroic  effort.  Such  was 
found  in  the  effort  to  coerce  the  colonies  into  tributaries  of  George  III. 


82  SCHOOL   LAW   OP  INDIANA. 


CAVALIER   AND   PURITAN   IN    INDIANA. 

From  the  New  England  colonies,  Virginia,  Kentucky  and  the  Carolinas,  of 
which  Massachusetts  and  Virginia  were  typical,  came  the  early  settlers  of  Indiana. 
Draw  a  line  from  east  to  west  through  Indiana,  the  line  touching  the  southern 
part  of  Marion  County,  and  you  find  the  settlers  south  of  this  line  from  Virginia 
and  the  other  southern  colonies,  and  north  of  it  from  New  England,  each  bringing 
with  them  their  peculiar  ideas,  customs  and  local  laws. 

In  the  northern  part  of  Indiana  we  find  those  who  favor  a  strong  local 
government,  and  if  at  any  time  they  had  contemplated  centralized  State  govern- 
ment, the  conduct  of  the  mother  country  during  the  American  Revolution  had 
engendered  such  an  intense  dislike  for  a  strong  centralized  government,  that  the 
principle  of  such,  applied  to  our  public  school  system,  was  entirely  out  of  the 
question.  A  new  generation  had  to  be  educated,  liberalized  and  driven  to  see 
the  prime  necessity  of  a  State-controlled  system  of  schools  before  a  law  similar  to 
the  one  of  1852  would  be  countenanced. 

In  the  southern  part  of  Indiana  there  existed  the  social  inequality  of  the 
parent  colonies.  To  place  all  on  an  equal  footing  before  the  law  meant  the  break- 
ing down  of  those  social  lines  that  had  so  long  separated  the  poor  from  the  rich; 
the  gentleman  from  his  more  humble  white  neighbor.  Not  that  these  people 
were  so  much  opposed  to  education  as  to  the  idea  of  admitting  all  to  equal  priv- 
ileges before  the  law.  Here  again  was  needed  "a  campaign  of  education,"  and 
in  the  course  of  time  the  first  settlers  had  yielded  the  soil  to  those  more  liberal  in 
their  views,  and  who  were  fully  persuaded  that  the  State  was  responsible  for  the 
education  of  all  its  citizens.  Under  these  conditions  the  local  school  system  of 
the  Constitution  of  1816  was  all  that  could  be  expected. 

TRIUMPH   OF  THE   NEW   ENGLAND   IDEA. 

A  fair  and  impartial  trial  of  this  system  for  forty  years,  where  its  weakness 
was  easily  shown,  proved  that  good  arguments  were  all  on  the  side  of  a  central- 
ized system,  supported  b'y  general  taxation,  and  in  which  tuition  should  be  free 
and  equally  open  to  all.  Our  Supreme  Court  understood  this  when  in  1857  Judge 
Perkins  rendered  his  decision  in  the  case  of  City  of  Lafayette  v.  Jenners  (10  Ind.  76), 
when  he  says:  " Under  our  former  Constitution  we  had  two  systems  of  common 
schools,  the  general  and  the  local  (the  local  predominating),  and  the  local  had 
broken  down  the  general,  and  neither  had  flourished.  This  was  an  evil  distinc- 
tively in  view  of  the  convention  that  framed  the  new  Constitution,  and  it  was 
determined  that  the  two  systems  should  no  longer  co-exist ;  that  the  general 
system  should  continue,  strenghtened  by  additional  aids,  and  that  the  counteract- 
ing local  system  should  go  out  of  existence — should  cease." 

THE   DIFFICULTIES  IT   HAD  TO   OVERCOME. 

Thus,  after  the  adoption  of  the  Constitution  of  1852,  there  was  a  strong  antag- 
onism against  the  new  system,  and  the  courts  after  long  and  many  delays  decided 
against  the  prevalent  idea,  that  local  systems  were  superior  to  the  general  system, 
as  unconstitutional.  The  Civil  War  came,  and  the  theory  "that  all  men  are 
created  equal "  became  a  fact — a  great  advance  toward  political  equality — while 


INTRODUCTION.  33 

the  advance  toward  social  equality  was  equally  great,  as  shown  by  the  general 
and  very  liberal  school  law  of  1865  that  was  enacted,  and  which,  with  a  few 
changes,  is  still  the  law  whose  workings  have  attracted  the  attention  of  school 
men  and  legal  minds  of  all  our  new  States  and  many  of  the  older  States,  particu- 
larly Michigan,  whose  State  Superintendent  of  Public  Instruction  has  recom- 
mended the  abolition  of  the  district  system  and  the  adoption  of  the  township 
system  instead. 

No  greater  social  problem  has  ever  come  to  a  people  of  a  State  for  solution 
than  that  of  Indiana  in  the  perfecting  of  her  unique  common  school -system;  and 
no  State  has  ever  had  more  difficulties,  inherent  in  the  people,  than  those  errone- 
ous ideas  of  society,  which  took  deep  root,  extending  even  to  the  third  and  fourth 
generations,  and  which  died  with  the  opposition  to  the  school  laws  of  1865  and 
1873. 


LEGAL  CONSTRUCTION   OF  THE   SCHOOL   LAW. 

During  the  years  1854-65  many  friends  of  education  thought  that  the  courts 
of  Indiana  were  antagonistic  to  the  common  school  system  inaugurated  by  the 
acts  of  1852  under  the  new  Constitution,  but  a  careful  study  of  these  laws  will 
show  that  they  were  general  laws  in  appearance  only,  but  local  in  their  applica- 
tion, and  the  courts  interpreted  the  Constitution  correctly,  requiring  all  laws  to 
be  general,  and  unmistakably  so. 

One  erroneous  idea,  that  the  local  corporations  owned  the  school  property, 
prevailed  for  a  long  time  after  the  adoption  of  the  ne.w  Constitution,  but  in 
November,  1882,  the  Supreme  Court  in  an  opinion  by  Judge  Niblack,  took  the 
contrary  view.  Thus  we  see  clearly  the  school  property  is  the  property  of  the 
State,  and  that  trustees  of  corporations  are  agents  of  the  State  in  managing  the 
same.  Another  decision  of  our  Supreme  Court,  in  an  opinion  written  by  Judge 
Elliott,  and  found  in  102  Ind.  p.  367,  is  one  in  every  way  worthy  of  exhaustive 
study.  The  court  assumed  the  constitutionality  of  the  law  authorizing  the  com- 
mon councils  of  cities  to  levy  a  school  tax  to  be  applied  to  the  payment  of 
teachers. 

We  see  here  how  clearly  the  courts  have  established  the  fact  that  in  our 
system  of  common  schools  the  local  conditions  established  by  law  are  simply  in- 
strumentalities in  the  administration  of  the  general  or  State  system,  and  not  dis- 
tinct corporations. 

( )ne  more  very  important  decision  upon  this  line  of  argument  must  be  referred 
to,  viz.:  that  found  in  122  Indiana,  page  462,  and  relating  to  the  constitutionality 
of  the  text-book  law  of  1889.  In  the  argument  before  the  court  it  was  held  by 
the  attorneys  attacking  the  law  that  our  school  system  began  as  a  distinct  local 
system,  and  that  any  law  which  abridged  the  rights  of  local  self-government  was 
unconstitutional  and  void. 

The  Supreme  Court,  Judge  Elliott  speaking  in  substance,  said:  "The  con- 
trol of  schools  and  school  affairs  is  vested  in  the  law-making  power  of  the  State, 
upon  the  principle  that  schools  are  intrinsically  matters  of  State  concern,  and  not 
of  a  local  nature.  Both  by  the  Constitution  and  the  intrinsic  nature  of  the  duty 
and  the  power,  the  authority  is  exclusively  legislative,  and  the  matter  over  which 
it  is  to  be  exercised  solely  of  State  concern." 

3— SCH.  LAW. 


84  SCHOOL    LAW    OF    INDIANA. 

The  court  went  to  the  fullest  length  and  said:  a  These  schools  are  owned 
and  maintained  by  the  State,  and  the  State  may  prescribe  the  terms  and  condi- 
tions upon  which  pupils  may  enter  them,  except  that  it  can  not  disregard  the 
constitutional  injunction  that  'tuition  shall  be  without  charge,  and  equally  open 
to  all.' " 

These  opinions  clearly  show  that  they  have  been  written  in  the  light  of  his- 
tory, and  that  these  Judges  speak  from  experience  when  discussing  the  constitu- 
tional provisions,  knowing,  as  they  do,  the  failure  of  a  distinctively  local  system 
to  become  general  in  practice  as  was  provided  for  by  the  Constitution  of  1816. 

It  seems  clear  that  our  courts  now  stand  favoring  a  strong  centralized  system 
of  common  schools,  which  gives  a  feeling  of  security  not  before  enjoyed  by  the 
friends  of  education  in  our  State. 

The  acts  of  1865  and  later  years  have  so  fully  expressed  the  constitutional 
intent  that  there  is  little  left  for  a  place  of  attack  by  those  who  still  feel  opposed 
to  the  present  system  through  this  strong  centralizing  tendency. 

IMPOKTANT  ENACTMENTS. 

In  1824,  the  prolific  mind  of  Benjamin  Parke  saw  the  need  of  teachers  who 
were  qualified  to  teach  in  our  public  schools,  and  a  law  was  enacted  then,  requir- 
ing all  applicants  for  positions  in  the  common  schools  to  pass  an  examination  to 
prove  their  fitness  for  the  work  they  desired  to  undertake. 

At  that  time  all  other  school  laws  were  merely  directory,  but  these  relating 
to  the  examination  of  teachers  were  mandatory — the  first  instance  of  such  a  school 
law  in  the  great  West.  By  means  of  this  crude,  and  in  many  respects,  then  im- 
perfect law,  the  public  mind  has  been  constantly  reminded  of  the  importance  of 
some  kind  of  preparation  for  teachers. 

Out  of  necessity  has  grown  the  county  and  township  institutes,  the  State  Nor- 
mal School,  the  State  Board  of  Education,  the  several  teachers'  associations  and 
the  Teachers'  Reading  Circle.  In  the  development  of  this  question,  State  Super- 
intendent Harvey  M.  LaFollette,  in  his  report  of  1887-8  (p.  86),  says:  "There 
has  been  a  steady  and  very  satisfactory  improvement  in  the  technical  qualifica- 
tions, standard  of  general  education,  and  in  the  culture  and  general  intelligence 
of  the  common  school  teachers  of  the  State.  The  invaluable  influence  of  the 
work  of  our  State  Normal  School,  and  of  the  philosophical  study  of  pedagogical 
science  in  our  State  University,  has  done  much  to  direct  the  course  of  study  and 
reading,  and  to  determine  the  ideal  standards  of  professional  culture  throughout 
the  State.  The  Indiana  Teachers'  Beading  Circle  has  been  a  powerful  influence 
in  securing  the  cultivation  of  a  general  taste  for  the  reading  of  good  literature, 
and  for  the  study  of  historical  and  practical  educational  methods,  and  has  been  of 
incalculable  benefit  to  the  school  teachers  of  the  State."  The  establishment  of 
these  several  institutions  had  in  view  the  betterment  of  the  common  schools.  The 
State  Normal  School  was  established  December  20,  1865.  The  county  institutes 
followed  March  6,  1865 ;  township  institutes,  March  2,  1889 ;  State  Board  of  Edu- 
cation, August  24,  1875 ;  State  Teachers'  Association  (voluntary),  November, 
1854;  Indiana  Teachers'  Reading  Circle  (voluntary),  December,  1883. 

The  next  important  enactment,  and  the  one  still  in  force,  was  the  one  of  1883, 
requiring  the  enumeration  of  school  children,  and  apportioning  the  school  reve- 
nue according  to  this  population.  When  the  new  Constitution  was  adopted  this 


INTRODUCTION.  85 

principle  of  distribution  had  been  found  so  practicable  under  local  school  govern- 
ments that  it  was  made  the  basis  for  the  State. 

On  the  6th  of  March,  1865,  an  act  denning  the  school  funds  in  accordance 
with  the  derision  of  our  Supreme  Court,  in  which  it  held  "that  the  income  from 
the  sale  of  the  land  in  section  numbered  sixteen  shall  be  exclusively  for  the  use 
of  the  inhabitants  thereof,"  and  naming  the  annual  levy  of  sixteen  cents  on  the 
hundred  dollars'  valuation  and  fifty  cents  poll  to  be  denominated  a  State  school 
revenue  and  apportioned  as  other  revenues  are  apportioned. 

This  act  did  not  give  an  equal  amount  of  revenue  to  each  school  corporation 
of  the  State,  owing  to  great  inequalities  in  the  Congressional  Township  funds  held 
by  the  several  counties.  This  was  removed  by  the  act  of  March  11,  1873. 

A  peculiar  application  of  this  law  is  found  in  Vanderburgh  County,  where 
the  income  of  the  Congressional  Township  fund  is  greater  per  capita  than  the  per 
capita  of  the  county,  so  the  inhabitants  of  this  Congressional  Township  have 
received  none  of  the  State's  common  school  revenues  for  years,  but  their  income 
from  their  Congressional  fund  is  sufficient  to  give  them  a  ten  months'  term  of 
school  in  the  year,  and  to  pay  good  salaries  as  well.  This  is  the  only  instance  of 
the  kind  in  the  State,  and  this  is  owing  to  the  fact  that  the  land  has  never  been 
sold,  advancing  in  price  rapidly  on  account  of  its  location. 

THE  STATE  BOARD  OF  EDUCATION. 

The  State  Board  of  Education,  a  board  of  professional  educators,  has  been 
one  of  the  most  valuable  agents  in  our  educational  progress.  The  board,  as  first 
constituted  in  1852,  consisted  of  State  officers.  In  1855  the  Attorney-General  was 
made  a  member  and  legal  adviser,  but  this  board  exerted  no  appreciable  influence 
on  educational  affairs  until  1865,  when  its  membership  was  made  largely  profes- 
sionnl,  consisting  of  the  Governor,  Superintendent  of  Public  Instruction,  the 
Presidents  of  the  State  University,  the  State  Normal  School  and  the  Superintend- 
ents of  the  largest  three  city  schools  in  the  State.  In  1875  the  President  of  Pur- 
due University  was  added,  and  in  1899  three  additional  members,  appointed  by 
the  Governor,  were  added.  The  large  discretionary  powers  given  this  board  by 
statute  make  it  one  of  the  most  potent  agents  in  our  educational  system.  The 
duties  of  this  board  have  been  fully  set  forth  in  another  part  of  this  paper.  The 
County  Superintendent  is  required  by  law  to  carry  out  the  orders  and  instructions 
of  this  board. 

COUNTY  MANAGEMENT  OF  SCHOOLS. 

In  June,  1873,  the  present  system  of  county  management  of  schools  in  In- 
diana came  into  existence.  It  was  not  an  accident  of  random  legislation,  but  the 
legitimate  and  natural  result  of  circumstances — the  proper  answer  to  a  universal 
and  popular  demand.  Our  State  had  provided  liberally  for  the  establishment 
and  maintenance  of  public  schools,  so  far  as  money  alone  would  accomplish  the 
result.  There  was  in  our  statutes  a  general  provision  for  a  system  of  public 
schools,  but  the  system,  so  far  as  one  had  been  evolved,  lacked  in  several  particu-. 
lars  the  elements  and  conditions  necessary  to  growth,  vigor  and  effectiveness.  So 
the  new  law  sought  to  gather  up  the  fragments  and  to  co-ordinate  them  into  as 
manv  organs,  giving  them  certain  functions  to  perform,  and  the  various  parts 
prescribed  powers  and  duties.  The  county  organization  is  so  arranged  that  its 
utility  depends  upon  the  individual  work  of  its  members.  The  responsibility  of 


30  SCHOOL    LAW    OF    INDIANA. 

setting  in  motion  and  rendering  effective  these  implements  was  placed  in  the 
hands  of  a  County  Superintendent.  The  crisis  in  the  educational  affairs  of  the 
State  had  been  reached.  Further  progress  would  depend  upon  the  work  of  this 
officer.  The  powers  and  duties  conferred  upon  him,  although  not  very  specific, 
were  not  guessed  at,  but  were  based  upon  an  experience  which  had  witnessed  the 
defects  and  abuses  of  the  old  order  of  things  and  had  shown  the  necessity  for  their 
elimination.  Trustees  had  made  serious  mistakes  in  the  building  of  school 
houses,  in  the  purchase  of  apparatus  and  in  the  management  of  their  finances, 
and  must,  therefore,  have  a  helper  and  counselor;  public  officers,  prompted  by 
avarice,  had  withheld  funds  due  the  public  for  school  purposes,  or  had  diverted 
them  from  their  proper  channel.  Somebody  must  correct  this  evil  and  secure  the 
sacred  funds.  An  army  of  teachers  was  at  work,  costing  the  State  two  millions  of 
dollars  a  year,  without  any  one  whose  business  it  was  to  look  after  the  progress  of 
their  work,  the  sanitary  condition  of  the  schools,  methods  of  teaching  and  discip- 
line, etc.,  so  that  improvements  of  a  practical  nature  might  be  made,  all  proving 
conclusively  that  there  must  be  a  supervision  of  this  work,  or  at  least  an  inspec- 
tion of  the  same. 

With  these  duties  before  him,  the  County  Superintendent  began  work  twenty 
years  ago.  Compare  the  organization  and  work  of  the  county  boards  of  to-day 
with  that  of  the  primitive  ones.  Through  committees  especially  qualified  for  the 
work  assigned  them  we  have  improved  the  character  of  our  school  buildings,  and 
instead  of  erecting  buildings  without  any  conveniences,  we  have  been  rapidly  sup- 
plying the  places  of  the  old  frame  and  log  houses  with  substantial  brick  ones, 
adapted  in  every  respect  to  the  needs  of  a  school,  as  well  as  ornamental  to  the 
neighborhood,  because  of  the  elegant  design.  In  the  supply  of  furniture  and 
apparatus  great  advance  has  been  made.  The  absolute  necessity  for  these  auxil- 
iaries had  long  been  recognized,  but  a  systematic  and  economic  method  of  selec- 
tion and  purchase,  and  of  utilizing  them  in  the  schools,  remained  for  us  to  con- 
summate. 

The  progress  in  another  direction  has  been  even  greater.  Out  of  the  statutory 
edict,  "He  shall  visit  the  schools,"  has  grown  a  system  of  supervision  that  has 
never  been  equaled  in  extent  and  thoroughness  and  in  beneficial  results.  By  the 
Superintendent's  visitations  and  personal  observations  of  the  work  in  progress  in 
the  school  rooms,  evils  growing  out  of  defective  teaching  and  management  have, 
to  a  great  extent,  been  eliminated.  In  the  work  of  organizing  the  unorganized 
schools,  the  idea  of  uniformity  in  classification  had  its  birth. 

Under  the  stimulus  of  our  system  of  gradation  and  graduation  our  schools 
have  progressed  from  a  mechanical,  listless,  careless,  irregular  manner  of  working, 
that  never  accomplished  any  definite  results,  to  that  prompt,  energetic,  business- 
like method  of  taking  up  a  task  or  line  of  work,  and  fully  completing  the  same  : 
The  county  superintendency  has  run  the  gauntlet  of  ten  successive  Legislatures 
successfully,  through  its  strong  appeal  to  the  people  as  to  its  nature,  purposes  and 
utility,  convincing  them  of  its  absolute  necessity  in  the  school  administration. 


THE   TEXT-BOOK    QUESTION. 

State  text-books— the  first  experiment  in  the  West  is  found  in  Indiana.  In 
November,  1853,  the  State  Board  of  Education  adopted,  according  to  law,  a  series 
of  text-books  for  use  in  the  common  schobls  of  the  State. 


INTRODUCTION.  37 

The  recommendations  of  the  State  Board  were  for  the  purpose  of  encouraging 
uniformity.  In  the  records  of  this  body  (1857)  we  find  the  following  concerning 
these  recommendations:  "Time  has  exhibited  the  wisdom  of  our  choice.  In  no 
State  of  the  Union  have  efforts  for  the  introduction  of  a  uniform  series  of  text- 
books for  schools  been  so  successful  as  in  Indiana,  of  which  we  may  well  feel 
proud." 

Local  school  officers  who  had  the  selection  of  the  books  were  only  too  glad  to 
find  some  guide  in  making  their  adoptions  for  townships,  and  in  a  large  per  cent, 
of  the  school  corporations  we  find  the  series  recommended  by  the  State  Board  of 
Education  very  generally  used  in  the  State  from  1853  to  1865.  Text-books  on 
the  common  school  branches  had  so  rapidly  multiplied  that  local  officers  felt  com- 
petent to  select  suitable  books  without  the  aid  of  the  State  Board  of  Education. 
The  Legislature,  in  the  session  of  1865,  relieved  the  Board  of  this  responsibility, 
and  placed  the  authority  of  this  selection  into  the  hands  of  the  Township  Trustees, 
whore  it  remained  till  1873.  At  the  time  of  the  organization  of  our  county  sys- 
tem the  selection  of  text-books  for  the  use  of  schools  rested  with  the  County  Board 
of  Education.  Cities  were  exempt  from  the  provisions  of  this  act,  but  incorpo- 
rated towns  were  subject  to  its  provision  the  same  as  townships.  This  law  re- 
mained in  force  sixteen  years. 

STATE    TEXT-BOOKS. 

In  1889  the  General  Assembly  believed  that  school  books  should  be  fur- 
nished more  cheaply,  and  accordingly  a  maximum  price  was  fixed  for  the  fitteen 
1  looks  provided  for.  The  State  Board  of  Education  was  to  act  as  a  Board  of 
Text-book  Commissioners  for  the  State  and  to  contract  with  the  publishers,  or 
authors,  or  compilers  of  books,  to  be  bought  outright,  or  published  by  the  Com- 
mission. The  law  encountered  bitter  opposition,  but  the  Supreme  Court  held  it 
to  be  both  constitutional  and  mandatory. 

A  full  series  of  common  school  text-books  has  been  adopted  under  this,  and 
a  contract  entered  into  between  the  Indiana  Board  of  Text-book  Commissioners 
and  the  publishers  for  a  period  of  five  years  from  the  date  of  adoption.  Requisi- 
tions are  made  by  the  local  school  officers  for  books  to  the  County  Superintend- 
ent, who  in  turn  makes  them  upon  the  Superintendent  of  Public  Instruction,  who 
again  forwards  them  to  the  publishers.  Reports  of  sales  are  made  quarterly  by 
the  local  school  officers  to  the  County  Superintendent,  who  again  reports  to  the 
publishers.  Patrons  of  the  public  or  private  schools  obtain  these  books  from  their 
respective  local  school  officers  upon  the  payment  of  the  following  prices  in  cash . 

Spellers,  10  cents;  first  readers,  10  cents;  second  readers,  15  cents;  third 
readers,  25  cents;  fourth  readers,  30  cents;  fifth  readers,  40  cents;  complete 
arithmetic,  45  cents;  elementary  arithmetic,  35  cents;  complete  geography,  75 
cents;  elementary  geography,  20  cents;  complete  English  grammar,  40  cents; 
elementary  English  grammar,  25  cents;  complete  physiology,  60  cents;  elemen- 
tary physiology,  30  cents ;  history  of  the  United  States,  65  cents ;  copy-books,  5 
cents  each. 


38  SCHOOL    LAW    OF    INDIANA. 

COMPULSORY    EDUCATION. 

In  1897  the  General  Assembly  enacted  a  compulsory  education  law  which  has 
worked  well.  The  attendance  in  the  schools  has  been  greatly  increased  by  the 
enforcement  of  this  law. 

FUTURE    LEGISLATION. 

The  subjects  requiring  careful  consideration  are  (a)  the  high  schools  and 
high  school  inspection,  (b)  county  institutes,  and  (c)  the  welfare  of  the  rural 
schools. 


LEGAL  DUTIES  OF  SCHOOL  OFFICIALS. 


CONSTITUTIONAL  PROVISION'S. 


ARTICLE  VIII. 

EDUCATION. 
[In  force  November  1, 1851.] 

1.  Knowledge   and   learning  generally  diffused  throughout  a  community 
being  essential  to  the  preservation  of  a  free  government,  it  shall  be  the  duty  of 
the  General  Assembly  to  encourage,  by  all  suitable  means,  moral,  intellectual, 
scientific  and  agricultural  improvement,  and  to  provide  by  law  for  a  general  and 
uniform  system  of  common  schools,  wherein  tuition  shall  be  without  charge  and 
equally  open  to  all. 

2.  The  Common  School  Fund  shall  consist  of  the  Congressional  Township 
Fund,  and  the  lands  belonging  thereto ; 

The  Surplus  Revenue  Fund; 

The  Saline  Fund,  and  the  lands  belonging  thereto; 

The  Bank  Tax  Fund,  and  the  fund  arising  from  the  one  hundred  and  four- 
teenth section  of  the  Charter  of  the  State  Bank  of  Indiana; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and  the  moneys 
and  property  heretofore  held  for  such  seminaries;  from  the  fines  assesssed  for 
breaches  of  the  penal  laws  of  the  State,  and  from  all  forfeitures  which  may 
accrue ; 

All  lands  and  other  estate  which  shall  escheat  to  the  State  for  want  of  heirs 
or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the  State  when  no 
special  purpose  is  expressed  in  the  grant,  and  the  proceeds  of  the  sales  thereof, 
including  the  proceeds  of  the  sales  of  the  swamp  lands  granted  to  the  State  of 
Indiana  by  the  act  of  Congress  of  the  twenty-eighth  of  September,  one  thousand 
eight  hundred  and  fifty,  after  deducting  the  expense  of  selecting  and  draining  the 
same; 

Taxes  on  the  property  of  corporations  that  may  be  assessed  by  the  General 
Assembly  for  Common  School  purposes. 

3.  The  principal  of  the  Common  School  Fund  shall  remain  a  perpetual  fund, 
which  may  be  increased,  but  shall  never  be  diminished;  and  the  income  thereof 
shall  be  inviolably  appropriated  to  the  support  of  Common  Schools,  and  to  no 
other  purpose  whatever. 


40  SCHOOL    LAW   OF   INDIANA. 

4.  The  General  Assembly  shall  invest,  in  some  safe  and  profitable  manner, 
all  such  portions  of  the  Common   School  Fund    as   have    not   heretofore   been 
entrusted  to  the  several  counties,    and  shall   make  provision,  by  law,   for  the 
distribution  among  the  several  counties  of  the  interest  thereof. 

5.  If  any  county  shall  fail  to  demand  its  proportion  of  such  interest,  for 
Common  School  purposes,  the  same  shall  be  reinvested  for  the  benefit  of  such 
county. 

6.  The  several  counties  shall  be  held  liable  for  the  preservation  of  so  much 
of  said  fund  as  may  be  entrusted  to  them,  and  for  the  payment  of  the  annual 
interest  thereon. 

7.  All  trust  funds  held  by  the  State  shall  remain  inviolate,  and  be  faithfully 
and  exclusively  applied  to  the  purposes  for  which  the  trust  was  created. 

8.  The  General  Assembly  shall  provide  for  the  election,  by  the  vote  of  the 
State,  of  a  State  Superintendent  of  Public  Instruction,  who  shall  hold  his  office 
for  two  years,  and  whose  duties  and  compensation  shall  be  prescribed  by  law. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

There  shall  be  elected  by  the  qualified  voters  of  the  State,  at  a  general  elec- 
tion, a  State  Superintendent  of  Public  Instruction,  who  shall  hold  his  office  for 
two  years. 

COMMENCEMENT  OF  TERM— OATH.  His  office  term  shall  commence  on  the 
fifteenth  day  of  March  succeeding  his  election.  He  shall  take  and  subscribe  the 
oath  prescribed  by  law,  which  proceeding  shall  in  all  things  conform  to  the  law 
relative  to  the  oaths  of  public  officers. 

DUTIES.  The  Superintendent  shall  be  charged  with  the  administration  of  the 
system  of  public  instruction  and  a  general  superintendence  of  the  business  relating 
to  the  common  schools  of  the  State,  and  of  the  school  funds  and  school  revenues 
set  apart  and  appropriated  for  their  support.  He  shall  render  an  opinion,  in 
writing,  to  any  school  officer  asking  the  same,  touching  the  administration  or 
construction  of  the  school  law. 

REPORT  TO  GOVERNOR.  In  the  month  of  January  in  each  year  in  which 
there  is  no  regular  session  of  the  General  Assembly,  he  shall  make  a  brief  report, 
in  writing,  to  the  Governor,  indicating,  in  general  terms,  the  enumeration  of  the 
children  of  the  State  for  common  school  purposes,  the  additions  to  the  permanent 
school  fund  within  the  year,  the  amount  of  school  revenue  collected  within  the 
year,  and. the  amounts  proportioned  and  distributed  to  the  schools. 

REPORT  TO  GENERAL  ASSEMBLY.  At  each  regular  session  of  the  General 
Assembly,  on  or  before  the  fifteenth  day  of  January,  said  Superintendent  shall 
present  a  biennial  report  of  his  administration  of  the  system  of  public  instruction, 
in  wrhich  he  shall  furnish  a  brief  exhibit — 

Fii'St.  Of  his  labors,  the  results  of  his  experience  and  observation  as  to  the 
operation  of  said  system,  and  suggest  the  remedy  for  observed  imperfections. 

Second.  Of  the  amount  of  the  permanent  school  funds,  and  their  general 
condition  as  to  safety  of  manner  of  investment;  the  amount  of  revenue  annually 
derived  therefrom,  and  from  other  sources;  estimates  for  the  following  two  years, 
and  the  estimated  value  of  all  other  property  set  apart  or  appropriated  for  school 
purposes. 


LEGAL    DUTIES    OF    SCHOOL    OFFICIALS.  41 

Third.  Of  such  plans  as  he  may  have  matured  for  the  better  organization  of 
the  schools,  and  for  the  increase,  safe  investment,  and  better  preservation  and 
management  of  the  permanent  school  funds,  and  for.  the  increase  and  more  econom- 
ical  expenditure  of  the  revenue  for  tuition. 

Fourth.  He  shall  present  a  comparison  of  the  results  of  the  year  then  closing 
with  those  of  the  year  next  preceding,  and,  if  deemed  expedient,  of  years  preced- 
ing that,  so  as  to  indicate  the  progress  made  in  the  business  of  public  instruction. 

Fifth.  He  shall  furnish  such  other  information  relative  to  the  system  of 
public  instruction— the  schools,  their  permanent  funds,  annual  revenues,  etc. — as 
he  may  think  to  be  of  interest  to  the  General  Assembly. 

He  shall  append  to  his  report  statistical  tables,  compiled  from  the  materials 
transmitted  to  hi?  office  by  the  proper  officers,  with  proper  summaries,  averages 
and  totals  appended  thereto.  He  shall  append  a  statement  of  the  semi-annual 
collections  of  school  revenue,  and  his  apportionment  thereof ;  and  when  he  deems 
it  of  sufficient  interest  to  do  so,  he  shall  append  extracts  from  the  correspondence 
of  school  officers,  tending  to  show  either  the  salutary  or  defective  operation  of  the 
system  or  of  any  of  its  parts ;  and  shall  cause  ten  thousand  copies  to  be  printed 
and  distributed  to  the  several  counties  of  the  State. 

DUTIES.  He  shall  visit  each  county  in  the  State  at  least  once  during  his  term 
of  office,  and  examine  the  Auditor's  books  and  records  relative  to  the  school  funds 
and  revenues,  with  a  view  to  ascertain  the  amount  and  the  safety  and  preserva- 
tion of  said  funds  and  revenues ;  and,  for  that  purpose,  he  shall  have  access  to, 
and  full  power  to  require  for  inspection  the  use  of  the  books  and  papers  of  the 
Auditor's  office.  Whenever  he  may  discover  that  any  of  the  school  funds  are  un- 
safely invested  and  unproductive  of  school  revenue,  or  that  any  of  the  school 
revenues  have  been  diverted  from  their  proper  objects,  he  shall  report  the  same  to 
the  General  Assembly.  He  shall  meet  with  such  school  officers  as  may  attend  his 
appointment,  counseling  with  the  teachers,  and  lecturing  upon  topics  calculated 
to  subserve  the  interests  of  popular  education. 

TRAVELING  EXPENSES.  He  shall  receive,  for  traveling  and  other  expenses 
while  traveling  01  the  business  of  the  department,  a  sum  not  exceeding  six  hun- 
dred dollars  per  annum ;  and  an  appropriation  of  that  amount  is  hereby  made 
for  that  purpose,  annually. 

SUPERVISION  OF  SCHOOL  FUNDS.  He  shall  exercise  such  supervision  over  the 
school  funds  and  revenues  as  may  be  necessary  to  ascertain  their  safety,  and  secure 
their  preservation  and  application  to  the  proper  object ;  and  cause  to  be  instituted, 
in  the  name  of  the  State  of  Indiana,  for  the  use  of  the  proper  fund  or  revenue,  all 
suits  necessary  for  the  recovery  of  any  portion  of  said  funds  or  revenues.  It  is 
hereby  made  the  duty  of  the  proper  Circuit  Prosecuting  Attorney  to  prosecute  all 
such  suits  at  the  instance  of  the  Superintendent,  and  without  charge  against  said 
funds  or  revenue. 

MAY  REQUIRE  REPORTS.  He  may  require  of  the  County  Auditors,  County 
Superintendents,  County  Treasurers,  Trustees,  Clerks  and  Treasurers,  copies  of 
all  reports  required  to  be  made  by  them,  and  all  such  other  information  in  rela- 
tion to  the  duties  of  their  respective  offices,  so  far  as  they  relate  to  the  condition 
of  the  school  funds,  revenues  and  property  of  the  common  schools  and  the  condi- 
tion and  management  of  such  schools,  as  he  may  deem  important. 

BLANKS  AND  FORMS.  He  may  prepare,  and  transmit  to  the  proper  officers, 
suitable  forms  and  regulations  for  making  all  reports,  and  the  necessary  blanks 


42  SCHOOL    LAW    OF    INDIANA. 

therefor,  and  all  necessary  instructions  for  the  better  organization  and  govern- 
ment of  common  schools,  and  conducting  all  necessary  proceedings  under  this  act. 

FORMS  OF  BOOK-KEEPING.  .  Forms  and  modes  of  book-keeping  shall,  from 
time  to  time,  be  prescribed  for  County  Auditors  and  County  Treasurers  by  the 
State  Superintendent  of  Public  Instruction. 

SHALL,  PUBLISH  SCHOOL  LAWS.  He  shall  cause  as  many  copies  of  the  acts  of 
the  General  Assembly  in  relation  to  the  common  schools  or  the  school  funds,  with 
necessary  forms,  instructions  and  regulations,  to  be  from  time  to  time  printed 
and  distributed  among  the  school  townships,  as  he  shall  deem  the  public  good 
requires. 

GENERAL.  At  the  expiration  of  his  term  of  office,  he  shall  deliver  to  his 
successor  possession  of  the  office  and  all  books,  records,  documents,  papers  and 
other  articles  pertaining  or  belonging  to  his  office. 

STATE  BOARD  OF  EDUCATION. 

The  Governor  of  the  State,  the  State  Superintendent  of  Public  Instruction, 
the  President  of  the  State  University,  the  President  of  Purdue  University,  the 
President  of  the  State  Normal  School,  and  Superintendents  of  Common  Schools  of 
the  three  largest  cities  in  the  State,  and  three  citizens  of  prominence  actively 
engaged  in  educational  work  in  the  State,  appointed  by  the  Governor,  at  least 
one  of  whom  shall  be  a  County  Superintendent,  none  of  whom  shall  be  appointed 
from  any  county  in  which  any  other  member  of  the  State  Board  of  Education 
resides,  or  from  which  any  other  member  was  appointed,  shall  constitute  a  Board 
to  be  denominated  the  Indiana  State  Board  of  Education.  The  size  of  the  cities 
shall,  for  this  purpose,  be  determined  by  the  enumeration  of  children  for  school 
purposes,  annually  reported  by  County  Superintendents  to  the  Superintendent  of 
Public  Instruction.  The  Superintendent  of  Public  Instruction  shall,  ex  officio, 
be  President  of  the  Board ;  and  in  his  absence  the  members  shall  elect  a  President 
pro  tempore.  The  Board  shall  elect  one  of  its  members  Secretary  and  Treasurer, 
who  shall  have  the  custody  of  its  records,  papers  and  effects,  and  shall  keep  min- 
utes of  its  proceedings:  Provided,  That  such  records,  papers,  effects  and  minutes 
shall  be  kept  at  the  office  of  the  Superintendent,  and  shall  be  open  for  his  inspec- 
tion. The  said  .Board  shall  meet,  upon  the  call  of  the  President  or  a  majority 
of  its  members,  at  such  place  in  the  State  as  may  be  designated  in  the  call ;  and 
shall  devise,  adopt  and  procure  a  seal,  on  the  face  of  which  shall  be  the  words, 
"Indiana  State  Board  of  Education,"  and  such  other  device  or  motto  as  the 
Board  may  direct  —  an  impression  and  written  description  of  which  shall  be  re- 
corded on  the  minutes  of  the  Board  and  filed  in  the  office  of  the  Secretary  of 
State ;  which  seal  shall  be  used  for  the  authentication  of  the  acts  of  the  Board 
and  the  important  acts  of  the  Superintendent  of  Public  Instruction. 

DUTIES  AND  POWERS.  Said  Board,  at  its  meetings,  shall  perform  such  duties 
as  are  prescribed  by  law,  and  may  make  and  adopt  such  rules,  by-laws  and  regu- 
lations as  may  be  necessary  for  its  own  government,  and  for  the  complete  carrying 
into  effect  the  provisions  of  the  next  section  of  this  act,  and  not  in  conflict  with 
the  laws  of  the  State;  and  shall  take  cognizance  of  such  questions  as  may  arise  in 
the  practical  administration  of  the  school  system  not  otherwise  provided  for,  and 
duly  consider,  discuss  and  determine  the  same. 

TRAFFIC  IN  QUESTIONS.  "Whosoever  shall  sell,  trade,  barter  or  give  away,  or 
offer  to  sell,  barter  or  give  away,  to  applicants  for  license,  or  to  any  other  person, 


LEGAL    DUTIES    OF    SCHOOL    OFFICIALS.  43 

or  whosoever  shall  buy,  purchase,  trade  or  barter  for,  or  accept  as  donee,  the  ques- 
tions prepared  by  the  State  Board  of  Education,  to  be  used  by  County  Superin- 
tendents in  the  examination  of  teachers,  or  in  any  way  dispose  of  or  accept  as 
donee  said  questions  contrary  to  the  rules  prescribed  by  said  State  Board  of  Edu- 
cation, shall  be  deemed  guilty  of  a  misdemeanor;  and  on  conviction  shall  be 
fined  in  any  sum  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

STATE  CERTIFICATES.  Said  Board  may  grant  State  certificates  of  qualification 
to  such  teachers  as  may,  upon  a  thorough  and  critical  examination,  be  found  to 
possess  eminent  scholarship  and  professional  ability,  and  shall  furnish  satisfactory 
evidence  of  good  moral  character.  They  shall  hold  stated  meetings,  at  which 
they  shall  examine  all  applicants,  and  those  found  to  possess  the  qualifications 
herein  above  named  shall  receive  such  certificate,  signed  by  the  President  of  the 
Board,  and  impressed  with  the  seal  thereof;  and  the  said  certificate  shall  entitle 
the  holder  to  teach  in  any  of  the  schools  of  the  State  without  further  examination, 
and  shall  also  be  valid  during  the  lifetime  of  said  holder,  unless  revoked  by  said 
Board.  Each  applicant  for  examination  shall,  on  making  application,  pay  to  the 
Treasurer  of  the  Board  five  dollars  as  a  fee. 

PAY  AND  MILEAGE  OF  BOARD.  The  members  of  said  Board,  other  than  the 
Governor  and  State  Superintendent  of  Public  Instruction,  shall  be  entitled  to 
receive  for  their  services,  while  actually  engaged  in  the  duties  of  their  office,  five 
dollars  per  day  and  five  cents  per  mile  necessarily  traveled  while  so  engaged; 
which  amount  shall  be  certified  by  the  Board  to  the  Auditor  of  the  State,  who 
shall  draw  his  warrant  therefor,  payable  out  of  the  general  fund,  which  sum  shall 
be  reimbursed  to  the  general  fund  by  the  Treasurer  of  the  Board  paying  into  it 
that  amount  out  of  the  money  received  by  him  as  fees  for  certificates;  and  if  there 
be  any  residue  of  money  received  as  such  fees,  it  shall  be  expended  by  the  Super- 
intendent of  Public  Instruction  in  the  purchase  of  suitable  books  for  an  office 
library.  Said  Board  shall  be  allowed  the  necessary  expenses  incurred  in  the 
discharge  of  the. duties  required  of  the  same,  for  clerk  hire,  postage,  etc.,  which 
expenses  shall  be  paid  as  the  expenses  of  the  members  of  the  Board  are  paid. 

COUNTY  SUPERINTENDENT.  The  Township  Trustees  of  each  county  of  this 
State  shall  meet  at  the  office  of  the  Auditor  of  their  county  on  the  first  Monday 
of  June,  1899,  at  10  o'clock  a.  in.,  and  every  four  years  thereafter,  and  elect  by 
ballot  a  County  Superintendent  for  their  county.  Such  County  Superintendent, 
unless  sooner  removed,  shall  hold  his  office  until  his  successor  is  elected  and 
qualified.  Before  entering  upon  the  duties  of  his  office  he  shall  subscribe  and 
take  an  oath  to  perform  faithfully  such  duties  according  to  law,  which  oath  shall 
be  filed  with  the  County  Auditor.  He  shall  also  ex'ecute  a  bond,  with  freehold 
security,  to  the  approval  <of  the  County  Auditor,  payable  to  the  State  of  Indiana, 
in  the  penal  sum  of  five  thousand  dollars,  conditioned  upon  the  faithful  discharge 
of  his  duties  according  to  the  law,  and  faithfully  to  account  for  and  pay  over  to  the 
proper  persons  all  moneys  and  property  in  connection  with  his  duties  under  the 
text-book  law  which  may  come  into  his  hands  by  virtue  of  such  office.  As  soon 
as  such  bond  be  filed,  the  County  Auditor  shall  report  the  name  and  postoffice  ad- 
die-s  of  the  person  so  elected  to  the  State  Superintendent  of  Public  Instruction. 
Whenever  a  vacancy  may  occur  in  the  office  of  County  Superintendent,  the  said 
Township  Trustees,  on  at  least  three  days'  notice  given  by  the  County  Auditor, 
shall  assemble  at  10  o'clock  a.  m.  on  the  day  designated  in  such  notice  at  the 
office  of  silch  Auditor,  and  fill  such  vacancy  by  ballot  for  the  unexpired  term.  In 


44  SCHOOL    LAW    OF    INDIANA. 

all  elections  of  a  County  Superintendent  the  County  Auditor  shall  be  clerk  of  such 
election,  'and  in  case  of  a  tie  vote  the  Auditor  shall  oast  the  deciding  vote.  Such 
Auditor  shall  keep  a  record  of  such  election  in  a  book  kept  for  that  purpose. 

Any  County  Superintendent  may  be  impeached  for  immorality,  incompetency 
or  general  neglect  of  duty,  or  for  acting  as  agent  for  the  sale  of  any  text-book, 
school  furniture,  maps,  charts  or  other  school  supplies,  and  such  impeachment 
proceedings  shall  in  all  things  be  governed  by  the  provisions  of  law  now  in  force 
for  impeaching  county  officers. 

No  person  shall  be  eligible  to  or  shall  hold  the  office  of  County  Superin- 
tendent unless  he  hold  at  the  time  of  his  election  a  thirty-six  months'  license,  or 
life  or  professional  license,  to  teach  in  the  public  schools  of  this  State:  P/-onV«/, 
That  nothing  herein  contained  shall  affect  the  title  of  any  County  Superintendent 
now  in  office  or  disqualify  him  for  re-election  at  the  next  election  of  County 
Superintendent, 

DUTIES  OF  THE  COUNTY  BOARD  OF  EDUCATION. 

The  Board  shall  meet  semi-annually  at  the  office  of  the  County  Superin- 
tendent on  the  first  days  of  May  and  September  (unless  the  said  days  be  Sunday, 
and  if  so  on  the  day  following),  a  majority  of  whom  shall  constitute  a  quorum; 
also  on  the  first  Monday  in  May  to  elect  truant  officers. 

RULES  CONCERNING  THE  COUNTY  BOARD. 

The  Board  having  met  on  the  first  day  of  September,  they  have  a  right  to 
adjourn  from  day  to  day  until  the  business  before  them  is  completed.  But  if 
they  adjourn  sine  die  they  have  no  right  to  meet  any  more  until  the  first  day  in 
May. 

In  the  absence  of  the  County  Superintendent  the  Board  may  appoint  one  of 
its  members  President  pro  tern.  No  action  can  be  taken  by  the  Board  unless  a 
majority  of  all  the  members  are  present.  Some  questions  require  a  majority  vote, 
and  others  a  unanimous  vote  of  all  members  of  the  Board. 

It  is  very  important  that  school  officers  and  County  Boards  should  make  a 
careful  record  of  their  proceedings.  If  a  Board  takes  any  legal  action,  and  fails 
to  record  it,  and  makes  an  incorrect  record,  the  record  can  be  amended  by  order 
of  the  Board  at  a  subsequent  meeting. 

The  County  Board  of  Trustees  have  the  right  to  make  such  rules  and  regula- 
tions, according  to  law,  as  will  tend  to  promote  the  good  of  the  public  schools; 
and  it  is  the  duty  of  the  teachers  to  carry  out  such  rules  in  good  faith. 

The  County  Board  of  Education  has  no  power  to  make  contracts ;  but  all  or 
any  number  of  the  Trustees  may  join  together  in  purchasing  or  contracting  for 
supplies;  and  such  action  may  often  be  advisable.  It  is  not,  however,  the  action 
of  the  Board. 

The  graded  schools  of  incorporated  towns  are  under  the  same  control  of  the 
County  Board  as  any  of  the  schools  of  the  township.  Cities  alone  are  excepted. 

Each  Trustee  should  give  full  force  and  effect  to  the  Rules,  Regulations  and 
Course  of  Study  adopted  by  the  County  Board,  by  adopting  them  himself  and  by 
requiring  his  teachers'  contracts  to  conform  to  them,  so  far  as  they  may  be  in 
accordance  with  the  law. 


LEGAL    DUTIES    OF    SCHOOL    OFFICIALS.  45 

The  Rules  and  Regulations  adopted  by  County  Boards  and  by  Trustees  should 
be  of  a  very  general  character,  applicable  to  all  schools  alike,  and  not  such  as 
would  trespass  upon  the  rights  of  the  teacher  or  embarrass  him  in  his  work. 

DUTIES  OF  THE  COUNTY  SUPERINTENDENT. 

1 .  The  County  Superintendent  shall  have  the  general  superintendence  of  the 
schools  of  the  county. 

'2.  He  shall  attend  each  Township  Institute  at  least  once  in  each  year,  when 
he  shall  preside  at  the  same  and  conduct  its  exercise's. 

3.  He  shall  visit  each  school  of  the  county  at  least  once  a  year,  for  the  pur- 
pose of  increasing  its  usefulness  and  elevating,  as  far  as  practicable,  the  poorest 
schools  to  the  best. 

4.  He  shall  conduct  and  encourage  Teachers'  Institutes  and  Associations, 
and  shall  labor  in  every  practicable  way  to  elevate  the  standard  of  teaching  and 
to  improve  the   condition  of  the  schools  of  the  county;  but  can  not  conduct  a 
county  or  private  normal  school. 

•"».  The  County  Superintendent  shall  hold  at  least  one  public  examination, 
beginning  on  the  last  Saturday  of  January,  February,  March,  April,  May,  June, 
July  and  August  of  each  year.  In  no  case  shall  he  grant  a  license  upon  a  private 
examination,  but  special  public  examinations  may  be  held  at  any  time  upon 
written  request  of  School  Boards. 

6.  The  County  Superintendent  shall  have  power  to  revoke  licenses  granted 
by  him  or  his  predecessors,  or  hereafter  granted  by  the  State  Superintendent  of 
Public  Instruction,  for  incompetency,  immorality,  cruelty,  or  general  neglect  of 
the  business  of  the  school ;  due  notice  in  writing  of  revocation  must  be  given  to 
the  teacher,  who  may  appeal  to  the  State  Superintendent  of  Public  Instruction; 
and  the  revocation  of  the  license  of  any  teacher  shall  terminate  his  employment 
in  the  school  which  such  teacher  may  have  been  employed  to  teach. 

7.  When  any  Trustee  shall  neglect  to  file  with  the  County  Superintendent 
an  enumeration  of  the  children  of  the  township,  town  or  city,  the  County  Super- 
intendent shall,  immediately  after  the  first  day  of  May  in  each  year,  employ  a 
competent  person  to  take  the  same,  and  allow  a  reasonable  compensation  for  such 
service,  payable  from  the  special  school  revenue  of  the  township. 

8.  The  County  Superintendents  are  required  to  hold,  or  cause  to  be  held, 
Teachers'  Institutes  at  least  once  a  year  in  their  respective  counties. 

9.  They  provide  for  examination  of  all  applicants  for  graduation  in  the 
common  school  branches  from  township,  district  or  town  schools  upon  questions 
furnished  by  the  State  Board  of  Education. 

DUTIES  OF  TRUSTEES, 

1.  The  Trustees  shall  take  charge  of  the  educational  affairs  of  their  respective 
townships,  towns  and  cities. 

2.  They  shall  employ  teachers,  establish  and  locate,  conveniently,  a  sufficient 
number  of  schools  for  the  education  of  the  children  therein^  and  build  and  other- 
wise provide  suitable  houses,  furniture,  apparatus,  and  other  articles  and  educa- 
tional appliances  necessary  for  the  thorough  organization  and  efficient  manage- 
ment of  said  schools. 


46  SCHOOL    LAW    OF    INDIANA. 

3.  They  may  also  establish  and  maintain  in  their  respective  corporations  at 
least  one  separate  graded  high  school,  to  which  shall  be  admitted  all  pupils  who 
are  sufficiently  advanced.     The  Trustees  of  two  or  more  school  corporations  may 
establish  and  maintain  joint  graded  high  schools  in  lieu  of  separate  graded  high 
schools.     No  graded  high  school  can  be  built  unless  there  is  at  least  fifteen  com- 
mon school  graduates  of  school  age  residing  in  the  township.     Instead  of  building 
a  high  school  he  may  send  his  high  school  pupils  to  an  adjoining  corporation  and 
pay  their  tuition. 

4.  They  shall  keep  accurate  accounts  of  the  receipts  and  expenditures  of 
such  revenues. 

5.  They  shall  keep  a  record  of  all  their  proceedings  relative  to  the  schools, 
including  all  orders  and  allowances,  and  accounts  of  all  receipts  and  expenditures, 
distinguishing  between  the  State  school  revenue  and  the  special  school  revenue. 

6.  They  shall  maintain  in  each  school  corporation  a  term  of  school  at  least 
six  months  in  duration. 

7.  They  shall  provide  for  the  teaching  of  the  German  language  as  a  branch 
of  study  when  the  parents  or  guardians  of  twenty-five  or  more  pupils  of  a  school 
demand  it, 

8.  They  shall  cause  the  doors  of  the  school  houses  to  swing  outward. 

9.  They  may  require  special  examination  of  teachers  in  the  special  branches 
authorized  by  school  meetings. 

10.  They  are  empowered  to  hear  and  determine  appeals  from  the  Directors 
on  the  exclusion  of  pupils  from  school. 

11.  They  must  make  a  complete  report  each  year  to  the  Township  Advisory 
Board. 

DUTIES  OF  DIRECTORS. 

1.  The  Director  of  each  school  shall  preside  at  all  meetings  of  the  inhabit- 
ants connected  therewith,  and  record  their  proceedings. 

2.  He  shall  also  act  as  the  organ  of  communication  between  the  inhabitants 
and  the  Township  Trustee. 

3.  He  shall  take  charge  of  the  school  house  and  property  belonging  thereto, 
under  the  general  order  and  concurrence  of  the  Trustee,   and  preserve  the  same; 
and 

4.  Shall  make  all  temporary  repairs  of  the  school  house,  furniture  and  fix- 
tures, and  provide  the  necessary  fuel  for  the  school,  reporting  the  cost  thereof  to 
the  Trustee  for  payment. 

5.  He  shall  visit  and  inspect  the  school  from  time  to  time,  and,  when  neces- 
sary, may  exclude  any  refractory  pupil  therefrom  ;  but  the  exclusion  of  any  pupil 
from  the  school  for  disorderly  conduct  shall  not  extend  beyond  the  current  term, 
and  may  be,  in  the  discretion  of  the  Director,  for  a  shorter  period.     The  decision 
of  the  Director  in  excluding  a  pupil  shall  be  subject  to  appeal  to  the  Township 
Trustee,  whose  decision  shall  be  final. 

DUTIES  OF  TEACHERS. 

1.  It  is  the  duty  of  the  teacher  to  carry  out  in  good  faith  the  rules  and  reg- 
ulations of  the  County  Board  and  Trustees. 

2.  The  teacher  should  exercise  care  over  the  school  property  in  his  charge. 


LKdAL    DUTIES    OF    SCHOOL    OFFICIALS.  47 

3.  A  teacher  may  punish  a  pupil  with  kindness,  prudence  and  propriety,  for 
disobedience  of  his  proper  commands. 

4.  Teachers  should  be  very  careful  ho.w  they  punish  pupils  for  what  they  do 
or  say  away  from  the  school  premises,  and  should  never  undertake  to  punish  for 
such  behavior,   unless  it  seems  necessary  for  the  preservation  of  discipline  in  the 
school. 

5.  Except  on  account  of  sickness,  teachers  are  required  to  be  present  at  each 
monthly  township  institute. 

C.  Teachers  must  perform  such  reasonable  duties  as  are  assigned  to  them  at 
such  institutes. 

7.  The  law  requires  the  teacher  to  make  a  report  to  the  Trustee  at  the  end 
of  the  term  for  which  said  teacher  shall  have  been  employed,  and  to  truant  officers 
when  required. 

DUTIES  OF  PARENTS  AND  GUARDIANS. 

1.  All  taxpayers  who  are  parents,  guardians  or  heads  of  families,  except 
married  women  and  minors,  are  entitled  to  vote  in  school  meetings  in  the  district 
to  which  they  are  attached. 

±  A  school  meeting  may  be  called  at  any  time  by  the  Director  or  any' five 
voters,  five  days'  notice  being  given  by  posting  in  five  public  places  in  the  vicinity. 

3.  School  meetings  have  power  to  determine  what  branches  shall  be  taught 
in  addition  to  those  required  by  law.     They  have  power  to  fill  vacancies  in  the 
office  of  Director;  to  direct  such  repairs  as  they  deem  necessary  in  their  school 
house  and  to  petition  the  Township  Trustee  for  the  removal  of  their  school  house 
to  a  more  convenient  location,  for  the  erection  of  a  new  one,  or  the  sale  of  an  old 
one  and  the  lands  belonging  thereto,  and  upon  any  other  subject  connected  there- 
with.   When  such  meetings  shall  petition  the  Trustee  in  regard  to  repairs,  removal, 
or  erection  of  a  school  house,  they  shall  also  furnish  to  such  Trustee  an  estimate 
of  the  probable  cost  of  such  repairs,  removal  or  erection. 

4.  Patrons  are  by  law  entitled  to  protest  against  the  employment  of   any 
teacher;  but  they  are  not  empowered  to  select  teachers.     A  majority  of  those  enti- 
tled to  vote  at  school  meetings  may  prevent  the  employment  of  any  teacher  whom 
they  do  not  wish  to  have  employed  by  voting  to  that  effect  at  any  regular  meeting. 

5.  A  majority  of  such  voters  may,  by  petitioning  the  Township  Trustee, 
secure  the  dismissal  of  the  teacher,  upon  due  notice  and  for  good  cause  shown. 

6.  When  a  pupil  is  excluded  from  a  school  by  a  Director,  a  parent,  or  guar- 
dian, or  the  pupil  himself,  may  appeal  from  the  decision  of  the  Director  to  the 
Trustee,  whose  decision  is  final. 

7.  Parents,  guardians  or  others  are  prohibited  by  law  from  upbraiding  a 
teacher  in  the  presence  of  the  school,  from  any  cause,  fancied  or  real. 

8.  When  a  majority  ^f  the  persons  entitled  to  vote  at  school  meetings  desire 
that  a  private  school  be  taught  in  a  school  house  not  occupied  by  public  school 
or  desire  the  use  of  the  school  house  for  other  purposes,  and  make  application  to 
the  Trustee,  it  is  the  duty  of  the  Trustee  to  permit  the  use  of  the  building  for  the 
private  school  or  to  authorize  the  Director  to  permit  its  use  for  the  other  purposes. 

9.  A  majority  of  the  voters  of  a  district  may  petition  the  Trustee  for  the 
abandonment  of  their  school  or  schools,  and  the  consolidation  of  said  school  with 
another  district  or  corporation. 


48  SCHOOL    LAW    OF    INDIANA. 

CALENDAR   SHOWING  WHEN   THE  DUTIES  OF  SCHOOL  OFFICERS 
MUST  BE  PERFORMED. 

January,  Last  Monday. — Distribution  of  the  School  Revenue  for  Tuition  to 
School  Corporations,  made  by  County  Auditor,  and  reported  to  State  Superin- 
tendent. First  Tuesday  after  first  Monday  in  January,  annual  settlement  of 
Township  Trustee  with  Advisory  Board. 

February  1. — First  payment  of  transfer  funds. 

April  10. — Enumeration  of  School  Children  by  Trustees,  to  be  completed 
before  the  first  of  May. 

May  1. — Meeting  of  County  Board  of  Education — Trustees'  Reports  of  Enu- 
meration must  be  filed  with  the  Superintendent.  First  Monday  in  May,  the  elec- 
tion of  Truant  Officers. 

May  15. — County  Superintendent's  Report  of  Enumeration  is  due  to  State 
Superintendent. 

June,  Third  Monday. — Auditor's  Semi-annual  Report  of  School  Revenue  for 
Apportionment  is  due  State  Superintendent. 

June  1. — County  Superintendent  Reports  to  County  Auditor  Basis  of  Appor- 
tionment, made  from  lists  of  enumeration. 

June,  First  Monday — County  Commissioners  meet,  receive  Reports  from  Aud- 
itor and  Treasurer,  and  report  condition  of  School  Funds  to  State  Superintendent. 
Auditor  at  the  same  time  reports  transfers  of  Congressional  Township  School  Fund. 

June,  First  Monday,  Quadrennially. — Election  of  County  Superintendent. 

June,  Early. — County  Superintendent  reports  names  of  Teachers  licensed  to 
State  Superintendent — Election  of  City  and  Town  Trustees.  They  must  give  bonds 
and  qualify  within  ten  days.  Auditor  reports  their  names  to  State  Superintendent. 

July,  Second  Monday. — Distribution  of  School  Revenue  to  School  Corpora- 
tions, made  by  County  Auditor  and  reported  to  State  Superintendent. 

July  30. — Second  payment  of  transfer  funds. 

July,  Late. — Post  notices  of  the  several  estimates  and  amounts  of  the  pro- 
posed annual  expenditures,  and  the  rate  of  taxation  proposed  for  the  several 
funds  to  be  expended  during  the  next  calendar  year. 

August,  First  Week. — Publishes  the  above  notice  in  two  leading  newspapers 
of  the  county;  and  furnishes  estimates  to  each  member  of  the  Township  Advisory 
Board. 

August  1. — Beginning  of  School  Year. 

August,  First  Monday. — Trustees'  Statistical  Report  to  County  Superintend- 
ent. Financial  Report  to  County  Commissioners.  Must  file  a  copy  of  the  report 
to  Commissioners  with  County  Superintendent  within  ten  days. 

September  1. — Meeting  of  County  Board  of  Education — County  Superintend- 
ent's Statistical  and  Written  Reports  to  State  Superintendent. 

September — First  Tuesday. — Make  Financial  Report  to  Township  Advisory 
Board. 

October,  First  Saturday. — Election  of  School  Directors. 

November. — General  Election.    Election  of  Township  Trustees  for  four  years. 

December  25,  or  Earlier. — Auditor's  Semi-annual  Report  of  School  Revenue 
for  Apportionment  and  Annual  Settlement-sheet  of  Interest,  due  to  State  Super- 
intendent. 

Last  Saturday  in  January,  February,  March,  April,  May,  June,  July  and 
August. — Public  Examination  of  Teachers. 


LEGAL    DUTIES    OF    SCHOOL    OFFICIALS. 


49 


SCHEDULE  OF  BLANKS  ISSUED  BY  THE  STATE  SUPERINTENDENT. 

To  County  Auditors,  Forms  1,  4,  5,  7,  7  (a),  16,  17.  21. 
To  County  Superintendents,  Forms  3,  8,  12,  12  (a),  13,  18. 
To  County  Commissioners,  Form  6. 
To  Township  Trustees,  Form  2. 
To  City  Swperintendents,  Form  11. 

EXPLANATION  OF  FOKMS  OE  BLANKS. 

Form    1.  January   distribution   of  school  revenue,    due   last   Monday   in 
January. 

Form    2.  Enumeraiion  of  school  children. 

Form    3.  Report  of  enumeration,  due  May  15. 

Form    4.  Revenues  for  apportionment  (June). 

Form    5.  July  distribution  of  school  revenue.  , 

Form    6.  Condition  of  funds  held  by  counties,  due  in  June. 

Form    7.  Names  of  School  Trustees  of  cities  and  towns,  due  in  June. 

Form    7  (a).     Name  of  Township  Trustees,  due  in  November. 

Form    8.  Names  of  teachers  licensed. 

Form  11.  Application  for  High  School  Commissions. 

Form  12.  County  Superintendent's  statistical  report,  due  September  1. 

P'orm  12  (a).     County  Superintendent's  financial  report,  due  September  1. 

Form  13.  Names  and  reports  of  private  schools,  due  in  September. 

Form  16.  Revenues  for  apportionment  (December),  due  December  25. 

Form  17.  Names  and  addresses  of  County  Superintendents,  due  June  7. 

Form  18.  Requests  for  examination  questions,  due  January  15. 

Form  21.  Special  school  revenue  distribution,  due  in  June. 


4— SCH.  LAW, 


Of    THE 

UNIVERSITY 
^..OF 


50  SCHOOL    LAW    OF   INDIANA. 


CHAPTER  I. 

CONSTITUTIONAL  PROVISIONS. 


SEC. 

1.  Common  schools. 

2.  Common  school  fuml. 

3.  Principal,  a  perpetual  fund. 

4.  Investment  and  distribution. 


SEC. 

5.  Reinvestment. 

6.  Counties — Liability. 

7.  Trust  funds  inviolate, 

8.  Superintendent  of  Public  Instruction. 


AETICLE  VIII. 

[In  force  November  1, 1851.1 

1.  Common  Schools.  1.  Knowledge  and  learning  generally 
diffused  throughout  a  community  being  essential  to  the  preser- 
vation of  a  free  government,  it  shall  be  the  duty 'of  the  Gen- 
eral Assembly  to  encourage,  by  all  suitable  means,  moral, 
intellectual,  scientific  and  agricultural  improvement,  and  to 
provide  by  law  for  a  general  and  uniform  system  of  common 
schools,  wherein  tuition  shall  be  without  charge  and  equally 
open  to  all.  (R,  S.  1881,  §182;  E.  S.  1894,  §182;  E,  S.  1897, 
§182.) 

1.  SCHOOLS  A  STATE  INSTITUTION.     Under  our  former  Constitution  we  had 
two  systems  of  common  schools,  the  general  and  local ;  but  the  local  broke  down 
the  general  system,  and  neither  had  flourished.     This  was  an  evil  distinctly  in 
the  view  of  the  conventkm  which  framed  the  new  Constitution,  and  it  was  de- 
termined that  the  two  systems  should  no  longer  co-exist;  that  the  one  general 
system  should  continue,  strengthened  by  additional  aids,  and  that  the  counter- 
acting local  systems  should  go  out  of  existence.     Common  schools,  as  a  whole, 
are  made  a  State  institution — a  system  co-extensive  with  the  State,  embracing 
within  it  every  citizen,  every  foot  of  territory,  and  all  the  taxable  property  of  the 
State. — City  of  Lafayette  v.  Jenners,  10  Ind.  76  and  77 ;  Greencastle  Tp.  v.  Black, 
5  Ind.  557. 

2.  GENERAL.     Our  common  school  system  must  be  general,  that  is,  it  must 
extend  over  and  embrace  every  portion  of  the  State. — Corey  v.  Carter,  48  Ind.  358. 

3.  UNIFORM.     It  must  be  uniform.     This  is  secured  when  all  the  schools  of 
the  same  grade  have  the  same  system  of  government  and  discipline,  the  same 
branches  of  learning  taught,  and  the  same  qualifications  for  admission. — Corey  v. 
Carter,  48  Ind.  358. 

4.  CLASSIFICATION.     The  schools  must  be  equally  open  to  all.     But  the  Leg- 
islature may  classify  the  pupils  to  be  admitted,  with  reference  to  age,  sex,  advance- 
ment and  branches  of  study  to  be  pursued,  and  may  designate  to  what  schools 
and  what  school  houses  the  different  ages,  sexes  and  degrees  of  proficiency  shall 
be  assigned. — Corey  v.  Carter,  48  Ind.  358. 


SCHOOL    LAW    OF    INDIANA.  51 

5.  COLORED  PUPILS.     To  require  the  white  and  colored  children  to  be  taught 
separately,  provision  being  made  for  the  education  of  each  in  the  same  branches, 
according   to   age,   capacity   or   advancement,   with    capable   teachers,   does  not 
amount  to  a  denial  of  equal  privileges  to  either,  or  conflict  with  the  open  char- 
acter of  the  system  required  by  the  Constitution. — Corey  v.  Carter,  48  Ind.  358. 

6.  LEGISLATURE  DOES  NOT  LEVY.     The  above  section  does  not  require  the 
Legislature  to  levy  all  school  taxes  nor  prohibit  it  from  providing  by  general  law 
for  the  levying  of  school  taxes  by  the   local   school    authorities. — Robinson  v. 
Schenck,  102  Ind.  307. 

7.  LEGISLATIVE  POWER.     The  Legislature  is  given  full  power  under  this  sec- 
tion to  provide  for  a  general  and  uniform  system  of  common  schools,  and  such 
po\vt-r  necessarily  resides  in  it,  although  it  be  not  given  by  the  Constitution.     It 
may  prescribe  the  course  of  study  and  the  system  of  instruction  that  shall  be  pur- 
sued and  adopted,  as  well  as  the  books  which  shall  be  used. — State  v.  Haworth, 
122  Ind.  462. 

2.  Common  School  Fund.  2.  The  Common  School  Fund 
shall  consist  of  the  Congressional  Township  Fund  and  the 

lands  belonging  thereto; 

The  Surplus  Revenue  Fund; 

The  Saline  Fund,  and  the  lands  belonging  thereto; 

The  Bank  Tax  Fund,  and  the  fund  arising  from  the  one  hun- 
dred and  fourteenth  section  -of  the  Charter  of  the  State  Bank 
of  Indiana ; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries, 
and  the  moneys  and  property  heretofore  held  for  such  semi- 
naries; for  the  lines  assessed  for  breaches  of  the  penal  laws  of 
the  State,  and  from  all  forfeitures  which  may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to  the  State 
for  want  of  heirs  or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the 
State  when  no  special  purpose  is  expressed  in  the  grant,  and 
the  proceeds  of  the  sales  thereof,  including  the  proceeds  of  the 
sales  of  the  swamp  lands  granted  to  the  State  of  Indiana  by 
the  act  of  Congress,  of  the  twenty-eighth  day  of  September, 
one  thousand  eight  hundred  and  fifty,  after  deducting  the  ex- 
pense of  selecting  and  draining  the  same; 

Taxes  on  the  property  of  corporations  that  may  be  assessed 
by  the  General  Assembly  for  common  school  purposes.  (R.  S. 
1881,  §  183;  R.  S.  1894,  §  183;  R.  S.  1897,  §  183.) 

1.  CONSOLIDATION  VOID.  In  so  far  as  this  section  attempts  to  consolidate  the 
Congressional  Township  Fund  with  other  funds,  it  is  inoperative.  The  provisions 
of  the  School  Law  of  1852,  which  were  designed  in  pursuance  of  this  section  to 


52 


SCHOOL    LAW    OF    INDIANA. 


effect  sueh  consolidation,  are  in  contravention  of  the  subsequent  section  7,  and  of 
the  congressional  grant  to  the  townships. — State  v.  Springfield  Tp.,  6  lud.  83; 
Davis  v.  Indiana,  94  U.  S.  792. 

2.  SALE   OF   SEMINARIES  VOID.      The  provisions   authorizing  the   sale   of 
County  Seminaries  is  void,  impairing  the  obligation  of  contracts. — Edwards  v. 
Jagers,  19  Ind.  407.     Compare  Heaston  v.  The  Board,  20  Ind.  398. 

3.  PENALTIES.     The  fact  that  a  penalty  under  R.  S.  1894,  $8465,  for  making 
a  false  tax  list,  is  to  be  paid  into  the  County  Treasury,  for  the  use  of  the  county, 
does  not  bring  the  statute  into  conflict  with  this  section  of  the  Constitution,  for 
such  penalty  is  not  a  fine  in  the  sense  of  the  word  as  there  used,  Burgh  v.  State,  108 
Ind.  132.     So  the  statute  turning  over  certain  fines  assessed  for  immorality,  to  the 
Home  for  Friendless  Women,  is  valid,  sec.  6243,  E.  S.  1881 ;  K.  S.  1894,  §  8346.— 
City  of  Indianapolis  v.  Indianapolis  Home,  50  lud.  215. 

4.  ESCHEATED  REAL,  ESTATE.     Under  this   section  it   is    "the   fund   to  be 
derived  from  the  sale  of  escheated  real  estate,"  and  not  such  real  estate  itself, 
which  becomes  a  part  of  the  Common  School  Fund. — State  v.  Meyer,  63  Ind.  33. 

5.  ESTRAYS.     Money  arising  from  the  sale  of  estrays  and  property  adrift,  be- 
longs to  the  School  Fund  by  virtue  of  the  act  of  1844,  p.  86,  and  R.  S.  1881,  g  235 ; 
R.  S.  1894,  §235;  R.  S.  1897,  §235. 

6.  See  §  359  and  notes. 

3.  Principal,  a  Perpetual  Fund.     3.    The  principal  of  the 
Common  School  Fund  shall  remain  a  perpetual  fund,  which 
maybe  increased,  but  shall  never  be  diminished;  and  the  in- 
come thereof  shall  be  inviolably  appropriated  to  the  support  of 
common  schools  and  to  no  other  purpose  whatever.    (R.  S.  1881, 
§  184;  R.  S.  1894,  §  184;  R.  S.  1897,  §  184.) 

1.  DIVERSION.     This  "fund  must  be  devoted  to  the  support  of  the  common 
schools,  without  the  diversion  from  it  of  a  penny  for  any  other  purpose  whatever." 
—Board  v.  State,  120  Ind.  282. 

2.  AUTHORITY  OF  COURTS  TO  INVESTIGATE.      The  money  due  the    School 
Fund  can  not,  by  any  legislative  contrivance,  be  kept  out  of  it,  nor  can  any  legis- 
lative scheme  be  framed  that  will  preclude  the  courts  from  ascertaining  the  facts. 
No  official  statement  can  preclude  the  proper  authorities  and  erect  a  barrier 
between  them  and  the  way  to  a  recovery  of  money  which  the  Constitution  imper- 
atively ordains  shall  inviolably  and  without  diminution  be  preserved  for  school 
purposes.     A  statute  making  the  statement  of   the  County  Auditors  as  to  the 
amount  of  school  funds  held  in  trust  by  their  respective  counties,  when  approved 
by  the  Superintendent  of  Public  Instruction,  "conclusive  evidence  of  the  facts 
therein  contained,"  is  unconstitutional. — Board  v.  State,  120  Ind.  282. 

4.  Investment  and  Distribution.     4.    The  General  As- 
sembly shall  invest,  in  some  safe  and  profitable  manner,  all  such 
portions  of  the  Common  School  Fund  as  have  not  heretofere 
been  entrusted  to  the  several  counties,  and  shall  make  provision, 
by  law,  for  the  distribution  among  the  several  counties  of  the 


SCHOOL   LAW   OF  INDIANA.  53 

interest  thereof.     (R.  S.  1881,  §185;  E.  S.  1894,  §185;  R.  S. 
1897,  §  185.) 

1.  "INVEST"  DEFINED.  The  word  "invest"  is  construed  as  broad  enough 
to  cover  loans  made  by  counties,  and  that  the  fund  may  be  entrusted  to  them  for 
that  purpose,  hut  it  does  not  restrict  to  that  mode  of  .investment. — Shoemaker  *. 
Smith,  37  Ind.  1±2. 

5.  Reinvestment.     5.     If  any  county  shall  fail  to  demand 
its  proportion  of  such  interest,  for  Common  School  purposes, 
the  same  shall  be  reinvested  for  the  benefit  of  such  county. 
(R.  S.  1881,  §  186;  R.  S.  1894,  §  186;  R.  S.  1897,  §  186.) 

6.  Counties — Liability.     6.     The  several  counties  shall  be 
held  liable  for  the  preservation  of  so  much  of  said  fund  as  may 
be  entrusted  to  them,  and  for  the  payment  of  the"  annual  inter- 
est thereon.     (R,  S.  1881,  §  187 ;  R.  S.  1894,  §  187 ;  R,  S.  1897, 
§  187.) 

1.  RENTS.     A  county  is  liable  for  rents  derived  from  unsold  congressional 
township  land. — Davis  r.  Board,  44  Ind.  38. 

2.  SUIT.     An  action  may  be  sustained  in  the  name  of  the  State  on  the  rela- 
tion of  the  Board  of  County  Commissioners  to  recover  rent  received  by  a  Town- 
ship Trustee  for  the  lease  of  unsold  school  lands  belonging  to  the  sixteenth  section, 
and  not  paid  by  such  Trustee  into  the  county  treasury. — Davis  v.  Board,  44  Ind. 
38;  Davis  v.  Indiana,  94  U.  S.  (4  Otto)  792. 

3.  MONEY  FOR  THE  KENT  OF  UNSOLD  SCHOOL  LANDS.     Money  derived  from 
the  rents  of  unsold  school  lands  belonging  to  the  sixteenth  section  is  to  be  paid 
into  the  county  treasury,  to  insure  its  just  and  equitable  distribution  to  the  inhab- 
itants of  the  congressional  township  in  which  such  section  lies. — Davis  v.  Board, 
44  Ind.  38. 

4.  POLICY  OF  THE  LAW.     It  is  the  policy  of  the  law  that  all  school  revenues 
are  to  be  distributed  to  the  beneficiaries  thereof  through  and  from  the  county 
treasury  to  the  proper  officers  of  the  various  school  corporations — cities,  towns 
and  civil  townships. — Davis  v.  Board,  44  Ind.  38. 

7.  Trust  Funds  inviolate.    7.    All  trust  funds  held  by  the 
State  shall  remain  inviolate,  and  be  faithfully  and  exclusively 
applied  to  the  purposes  for  which  the  trust  was  created.     (R.  S. 

1881,  §  188;  R.  S.  1894,  §  188;  R,  S.  1897,  §  188.) 

1.  EXPENSE  OF  MANAGEMENT.     The  Constitution  requires  the  counties  to 
bear  the  expense  of  managing  the  School  Fund  ;  and  if  they  pay  out  any  part  of 
the  fund  for  such  expense  they  are  liable  to  make  the  loss  good. — Board  v.  State, 
103  Ind.   497;   Vanarsdall  v.  State,  65  Ind.  176;   State  v.   Board,   90  Ind.  359; 
Board  v.  State,  116  Ind.  329. 

2.  DIRECT  TRUST — STATUTE  OF  LIMITATIONS  INOPERATIVE.    The  county,  in 
receiving  and  disbursing  the  School  Fund,  acts  as  the  trustee  of  a  direct  trust,  and 


54  SCHOOL    LAW    OF    INDIANA. 

against  such  trust  the  defense  of  the  statute  of  limitations  can  not  be  interposed. — 
Board  v.  State,  103  Ind.  497;  Board  v.  State,  106  Ind.  270. 

3.  SETTLEMENT  BETWEEN  COMMISSIONERS  AND  COUNTY  OFFICER  DOES  NOT 
CONCLUDE  THE  STATE.     A  settlement  between  the  Board  of  Commissioners  and  a 
County  Auditor  or  other  county  officer  does  not  conclude  the  State  from  maintain- 
ing an  action  to  recover  school  funds  unlawfully  paid  to  an  officer  by  the  board. — 
Board  v.  State,  103  Ind.  497;    Board  v.  State,  106  Ind.  270;  Board  v.  State,  116 
Ind.  329;  Board  v.  State,  106  Ind.  531. 

4.  DUTY  OF  COMMISSIONERS — FEES — COUNSEL — INTEREST.     It  is  the  duty  of 
the  Board  of  Commissioners  to  prosecute  an  action  against  a  Township  Trustee 
who  refuses  to  account  for  the  income  of  land  belonging  to  the  Congressional 
Township  Fund,  and  in  the  discharge  of  that  duty  it  is  proper  for  the  Board  to 
employ  attorneys  and  pay  reasonable  fees  for  their  services  out  of  the  proper 
funds;  but  such  fees  can  not  be  paid  out  of  the  moneys  recovered  in  such  pro- 
ceedings, as  such  moneys,  under  the  compact  between  the  United  States  and  the 
State  of  Indiana,  and  under  Section  3  of  Article  8  of  the  State  Constitution  (Sec- 
tion 3  above),  are 'inviolably  appropriated  to  the  inhabitants  of  the  proper  town- 
ship for  the  use  of  the  common  schools,  and  for  any  deduction  made  therefrom 
for  attorneys'  fees  or  otherwise  the  county  is  liable,  under  Sections  6  and  7  of  the 
article  cited  (Sections  6  and  7  above),  with  interest  from  the  date  of  diversion. 
Attorneys'  fees  should  be  paid  out  of  the  general  county  fund. — Board  v.  State, 
116  Ind.  329. 

5.  THE  GRANT  WAS  A  CONTRACT.     The  grant,  by  Congress,  of  the  sixteenth 
section  to  the  inhabitants  of  the  Congressional  townships,  respectively,  was  a  con- 
tract executed  and  incapable  of  revocation  by  the  Legislature. — State  v.  Spring- 
field Tp.,  6  Ind.  83;  Quick  v.  Whitewater  Tp.,  7  Ind.  570;  Quick  v.  Springfield 
Tp.,  7  Ind.  636;  Springfield  Tp.  v.  Quick,  22  How.  56.     The  School  Law  of  1855 
was  held  valid.— Quick  v.  Springfield  Tp.,  7  Ind.  636. 

8.  Superintendent  of  Public  Instruction.  8.  The  Gen- 
eral Assembly  shall  provide  for  the  election,  by  the  voters  of 
the  State,  of  a  State  Superintendent  of  Public  Instruction,  who 
shall  hold  his  office  for  two  years,  and  whose  duties  and  com- 
pensation shall  be  prescribed  by  law.  (R.  S.  1881,  §  189;  R.  S. 
1894,  §  189 ;  R,  S.  1897,  §  189.) 


SCHOOL   LAW   OF   INDIANA. 


55 


CHAPTER  II. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


SEC. 

9.  Superintendent. 

10.  Commencement  of  term— Oath. 

11.  Duties— Office— Clerks. 

12.  Report  to  Governor. 

13.  Report  to  General  Assembly. 

14.  Duties. 

15.  Traveling  expenses. 


SKC. 

16.  Supervision  of  school  funds. 

17.  May  require  reports. 

18.  Blanks  and  forms. 

19.  Forms  of  bookkeeping. 

20.  Shall  publish  School  Law. 

21.  Journals,  etc.,  to  Libraries. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

9.  Superintendent— Election.    119.    There  shall  be  elected 
by  the  qualified  voters  of  the  State,  at  a  general  election,  a  (State 
Superintendent  of  Public  Instruction,  who  shall  hold  his  office 
for  two  years.     (E.  S.  1881,  §  4406 ;  E.  S.  1894,  §  5835 ;  E.  S.  1897, 
§  5997.) 

1.     SALARY.     The  salary  of  the  State  Superintendent  of  Public  Instruction  is 

$3,000  per  annum. — Acts  1901,  p.  117. 

10.  Commencement  of   term  —  Oath.    120.    His    official 
term  shall  commence  on  the  fifteenth  day  of  March  succeeding 
his  election.     He  shall  take  and  subscribe  the  oath  prescribed 
by  law  ;  which  proceeding  shall  in  all  things  conform  to  the  law 
relative  to  the  oaths  of  public  officers.     (E.  S.  1881,  §  4407;  E. 
S.  1894,  §  5836;  E.  S.  1897,  §  5998.) 

11.  Duties  —  Office  —  Clerks.      121.     The    Superintendent 
shall  be  charged' with  the  administration  of  the  system  of  pub- 
lic instruction  and  a  general  superintendence  of  the  business  re- 
lating to  the  common  schools  of  the  State,  and  of  the  school 
funds  and  school  revenues  set  apart  and  appropriated  for  their 
support.     A  suitable  office  shall  be  furnished  for  him  at  the  seat 
of  government,  in  which  the  books,  papers  and  effects  relating 
to  the  business  of  said  office  shall  be  kept ;  and  there  he  shall 
give  reasonable  attendance  to  the  business  and  duties  of  the 
office.     He  shall  render  an  opinion,  in  writing,  to  any  school 
officer  asking  the  same,  touching  the  administration  or  construc- 
tion of  the  school  law.     He  is  hereby  authorized  to  employ  two 
clerks  for  said  office,  to  be  paid  as  the  clerks  of  the  office  of 


56  SCHOOL   LAW   OF   INDIANA. 

the  Auditor  of  State  are  paid ;  and  the  sum  of  eighteen  hun- 
dred dollars  is  hereby  annually  appropriated  for  that  purpose. 

(R.  S.  1881,  §4408;  R.  S.  1894,  §  5837;  R.  S.  1897,  §  5999.) 

1.  ADDITIONAL  CLERK.     The  General  Assembly,   upon   the   passage  of  the 
school  book  law,  provided  for  an  additional  clerk,  which  has  been  continued  by 
subsequent  Legislatures. 

2.  OPINIONS.     He  is  not  bound  to  give  opinions  except  to  school  officers — 
that  is  county  auditors,  county  treasurers  and  superintendents,  township  trustees, 
school  directors,  and  school  trustees  of  towns  and  cities.     But  the  courtesy  of 
Superintendents  has  established  the  custom  of  answering  questions  touching  the 
construction  and  administration  of  the  school  laws  for  all  who  need  such  inform- 
ation. 

2.  His  OPINIONS  NOT  A  DEFENSE.-  It  has  been  decided  that  depositing 
funds  in  a  solvent  bank,  by  advice  of  State  and  county  superintendents  and  county 
board,  if  loss  result,  is  no  defense  to  the  trustee  depositing.— Inglis  v.  State,  61 
Ind.  212. 

12.  Report  to  Governor.     122.     In  the  month  of  January 
in  each  year  in  which  there  is  no  regular  session  of  the  General 
Assembly,  he  shall   make   a  brief  report,  in  writing,  to  the 
Governor,   indicating,   in   general   terms,  the  enumeration   of 
the  children  of  the  State  for  common  school  purposes,  the  addi- 
tions to  the  permanent  school  fund  within  the  year,  the  amount 
of  school  revenue  collected  within  the  year,  and  the  amounts 
apportioned  and  distributed  to  the  schools.     (R.  S.  1881,  §  4409  ; 
R.  S.  1894,  §  5838;  .R.  S.  1897,  §  6101.) 

13.  Report  to  General  Assembly.     123.    At  each  regular 
session  of  the  General  Assembly,  on  or  before  the  fifteenth  day 
of  January,  said  Superintendent  shall  present  a  biennial  report 
of  his   administration  of  the  system  of  public  instruction,  in 
which  he  shall  furnish  a  brief  exhibit — 

First.  Of  his  labors,  the  results  of  his  experience  and  observ- 
ation as  to  the  operation  of  said  system,  and  suggest  the  remedy 
for  observed  imperfections. 

Second.  Of  the  amount  of  the  permanent  school  funds,  and 
their  general  condition  as  to  safety  of  manner  of  investment ; 
the  amount  of  revenue  annually  derived  therefrom,  and  from 
other  sources ;  estimates  for  the  following  two  years ;  and  the 
estimated  value  of  all  other  property  set  apart  or  appropriated 
for  school  purposes. 

Third.  Of  such  plans  as  he  may  have  matured  for  the  better 
organization  of  the  schools,  and  for  the  increase,  safe  invest- 


SCHOOL    LAW    OF    INDIANA.  57 

ment,  and  better  preservation  and  management  of  the  perma- 
nent school  funds,  and  for  the  increase  and  more  economical 
expenditure  of  the  revenue  for  tuition. 

Fourth.  He  shall  present  a  comparison  of  the  results  of  the 
year  then  closing  with  those  of  the  year  next  preceding,  and, 
if  deemed  expedient,  of  years  preceding  that,  so  as  to  indicate 
the  progress  made  in  the  business  of  public  instruction. 

Fifth.  He  shall  furnish  such  other  information  relative  to  the 
system  of  public  instruction — the  schools,  their  permanent 
funds,  annual  revenues,  etc.,  as  he  may  think  to  be  of  interest 
to  the  General  Assembly. 

He  shall  append  to  said  report  statistical  tables,  compiled 
from  the  materials  transmitted  to  his  office  by  the  proper  officers, 
with  proper  summaries,  averages  and  totals  appended  thereto. 
He  shall  append  a  statement  of  the  semi-annual  collections  of 
school  revenue,  and  his  apportionment  thereof;  and,  when  he 
deems  it  of  sufficient  interest  to  do  so,  he  shall  append  extracts 
from  the  correspondence  of  school  officers,  tending  to  show 
either  the  salutary  or  defective  operation  of  the  system  or  of 
any  of  its  parts ;  and  shall  cause  ten  thousand  copies  to  be 
printed  and  distributed  to  the  several  counties  of  the  State. 
(R.  S.  1881,  §  4410 ;  R,  S.  1894,  §  5839 ;  R.  S.  1897,  §  6102.) 

14.  Duties.     124.     He  shall  visit  each  county  in  the  State 
at  least  once  during  his  term  of  office,  and  examine  the  Audi- 
tor's books  and  records  relative  to  the  school  funds  and  revenues, 
with  a  view  to  ascertain  the  amount  and  the  safety  and  preser- 
vation of  said  funds  and  revenues;    and  for  that  purpose  he 
shall  have  access  to,  and  full  power  to  require  for  inspection  the 
use  of  the  books  and  papers  of  the  Auditor's  office.     When- 
ever he  may  discover  that  any  of  the  school  funds  are  unsafely 
invested  and  unproductive  of  school  revenue,  or  that  any  of 
the  school  revenues  have  been  diverted  from  their  proper  ob- 
jects, he  shall  report  the  same  to  the  General  Assembly.     He 
shall  meet  with  such  school  officers  as  may  attend  his  appoint- 
ment, counseling  with  the  teachers,  and  lecturing  upon  topics 
calculated  to  subserve  the  interests  of  popular  education.     (R. 
S.  1881,  §4411;  R.  S.  1894,  §5840;  R.  S.  1897,  §  6103.) 

15.  Traveling  expenses.     125.    He  shall  receive,  for  trav- 
eling and  other  expenses  while  traveling  on  the  business  of  the 


58  SCHOOL    LAW    OF  INDIANA. 

department,  a  sum  not  exceeding  six  hundred  dollars  per  annum ; 
and  an  appropriation  of  that  amount  is  hereby  made  for  that 
purpose,  annually.  (E.  S.  1881,  §4412;  E.  S.  1894,  §5841;  E, 
8.  1897,  §  6104.) 

16.  Supervision  of  school  funds.     126.    He  shall  exercise 
such  supervision  over  the  school  funds  and  revenues  as  may  he 
necessary  to  ascertain  their  safety,  and  secure  their  preservation 
and  application  to  the  proper  object ;  and  cause  to  he  instituted 
in  the  name  of  the  State  of  Indiana,  for  the  use  of  the  proper 
fund  or  revenue,  all  suits  necessary  for  the  recovery  of  any 
portion  of  said  funds  or  revenues.     It  is  hereby  made  the  duty 
of  the  proper  Circuit  Prosecuting  Attorney  to  prosecute  all 
such  suits  at  the  instance  of  the  Superintendent,  and  without 
charge  against  said  funds  or  revenue.     (E.  S.  1881,  §4413;  E. 
S.  1894,  §5842;  E.  S.  1897,  §  6105.) 

17.  May  require  reports.     127.    He  may  require   of  the 
County  Auditors,  County  Superintendents,  County  Treasurers, 
Trustees,  Clerks  and  Treasurers,  copies  of  all  reports  required 
to  be  made  by  them,  and  all  such  other  information  in  relation 
to  the  duties  of  their  respective  offices,  so  far  as  they  relate  to 
the  condition  of  the  school  funds,  revenues  and  property  of  the 
common  schools  and  the  condition  and  management  of  such 
schools,  as  he  may  deem  important.     (E.  S.  1881,  §4414;  E.  S. 
1894,  §5843;  E.  S.  1897,  §6106.) 

18.  Blanks  and  Forms.     128.     He  may  prepare,  and  trans- 
mit to  the  proper  officers,  suitable  forms  and  regulations  for 
making  all  reports,  and  the  necessary  blanks  therefor,  and  all 
necessary  instructions  for  the  better  organization  and  govern- 
ment of  common  schools,  and  conducting  all  necessary  proceed- 
ings under  this  act.     (E.  S.  1881,  § 4415 ;  E.  S.  1894,  §  5844 ;  E. 
S/l 897,  §  6107.) 

19.  Forms  of  bookkeeping.     102.    Forms  and  modes  of 
bookkeeping  shall,  from  time  to  time,  be  prescribed  for  County 
Auditors  and  County  Treasurers  by  the  State  Superintendent 
of  Public  Instruction.     (E.  S.  1881,  §  4416 ;  E.  S.  1894,  §  5845 ; 
E-.  S.  1897,  §  6108.) 


SCHOOL    LAW    OF    INDIANA.  59 

20.  Shall  publish  school  laws.     129.    He  shall  cause  as 
many  copies  of  the  acts  of  the  General  Assembly  in  relation  to 
the  common  schools  or  the  school  funds,  with  necessary  forms, 
instructions,  and  regulations,  to  be  from  time  to  time  printed 
and  distributed  among  the  school  townships  as  he  shall  deem 
the  public  good  requires.     (R.  S.  1881,  §4417;  R.  S.  1894,  §  5846  ; 
R.  S.  1897,  §6109.) 

21.  Journals,   etc.,  to  libraries.     130.     He  shall  supply 
each   common   school   library  with  the  Legislative  and  Docu- 
mentary Journals,  and  the  acts  of  each  session  of  the  General 
Assembly,  and  his  own  annual  reports.     At  the  expiration  of 
his  term  of  office  he  shall  deliver  to  his  successor  possession  of 
the  office,  and  all  books,  records,  documents,  papers,  and  other 
articles    pertaining    or   belonging   to   his    office.      (R.  S.   1881, 
§4418;  R.  S.  1894,  §5847;  R,  S.  1897,  §6110.) 


CHAPTER  III. 

STATE  BOARD  OF  EDUCATION. 

SEC. 


22.  State  Board  of  Education. 

23.  Duties  and  powers. 


24.  State  certificate. 

25.  Pay  and  mileage  of  Board. 


[1899,  p.  426.    Approved  March  4, 1899.    In  force  April  28, 1899.] 

22.  State  Board  of  Education.  153.  The  Governor  of 
the  State,  the  State  Superintendent  of  Public  Instruction,  the 
President  of  the  State  University,  the  President  of  Purdue 
University,  the  President  of  the  State  formal  School,  the  Su- 
perintendent of  Common  Schools  of  the  three  largest  cities  in 
the  State,  and  three  citizens  of  prominence  actively  engaged  in 
educational  work  in  the  State,  appointed  by  the  Governor,  at 
least  one  of  whom  shall  be  a  County  Superintendent,  none  of 
whom  shall  be  appointed  from  any  county  in  which  any  other 
member  of  the  State  Board  of  Education  resides,  or  from  which 
any  other  member  was  appointed,  shall  constitute  a  board 
to  be  denominated  the  Indiana  State  Board  of  Education.  The 
throe  members  to  be  appointed  by  the  Governor  shall  be  ap- 
pointed immediately  upon  the  taking  effect  of  this  act.  One  of 
such  members  shall  be  appointed  for  one  year,  one  for  two 
years  and  one  for  three  years  from  the  date  of  his  appointment, 
and  each  of  said  appointees  shall  serve  until  his  successor  shall 
have  been  appointed  and  qualified ;  and  after  the  first  appoint- 


60  SCHOOL    LAW    OF    INDIANA. 

ment  the  Governor  shall  annually  appoint  one  such  member 
to  serve  for  the  term  of  three  years,  to  take  the  place  of  the 
member  whose  term  shall  have  then  expired;  and  the  Governor 
shall  further  have  power  to  fill  all  vacancies  that  may  occur  in  the 
office  of  any  such  member  who  holds  his  office  by  appointment 
from  the  Governor.  The  size  of  the  cities  shall,  for  this  purpose, 
be  determined  by  the  enumeration  of  children  for  school 
purposes  annually  reported  by  school  examiners  to  the  Super- 
intendent of  Public  Instruction.  The  Superintendent  of  Public 
Instruction  shall,  ex-qfficio.,  be  President  of  the  Board,  and  in  his 
absence  the  members  present  shall  elect  a  President  pro  tern- 
pore.  The  Board  shall  elect  one  of  its  members  Secretary  and 
Treasurer,  who  shall  have  the  custody  of  its  records,  papers  and 
effects,  and  shall  keep  minutes  of  its  proceedings :  Provided, 
That  such  records,  papers,  effects  and  minutes  shall  be  kept 
at  the  office  of  the  Superintendent,  and  shall  be  open  for  his  in- 
spection. The  said  Board  shall  meet  upon  the  call  of  the  Presi- 
dent, or  a  majority  of  its  members,  at  such  place  in  the  State  as 
may  be  designated  in  the  call,  and  shall  devise,  adopt  and  pro- 
cure a  seal,  on  the  face  of  which  shall  be  the  words  "  Indiana 
State  Board  of  Education,'"'  and  such  other  device  or  motto  as 
the  Board  may  direct,  an  impression  and  written  description  of 
which  shall  be  recorded  on  the  minutes  of  the  Board  and  filed 
in  the  office  of  the  Secretary  of  State,  which  seal  shall  be  used 
for  the  authentication  of  the  acts  of  the  Board  and  the  impor- 
tant acts  of  the  Superintendent  of  Public  Instruction. 

1.  THE  FIRST  BOARD.     When  first  created  in  1852  the  Board  consisted  of  the 
Superintendent  of  Public  Instruction  and  the  Governor,  Secretary,  Treasurer  and 
Auditor  of  State.     In  1855  the  Attorney-General  was  added.     It  remained  merely 
a  board  of  State  officers,  but  little  interested  in  or  conversant  with  educational 
affairs,  and  exerting  no  appreciable  influence,  till  1865,  when  the  membership  was 
constituted  as  at  present,   except  the  President  of  Purdue  University,  who  was 
added  in  1875.     As  a  board  of  professional  educators,  independent  of  politics, 
it  has  been  a  valuable  agent  in  our  educational  progress. 

2.  BOARD  OF  SCHOOL  BOOK  COMMISSIONERS.    The  members  of  the  State  Board 
of  Education  are  also,  by  virtue  of  their  office,  members  of  the  State  Board  Com- 
missioners for  School  Books.     See  Sec.  26. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

23.  Duties  and  powers.  154.  Said  Board,  at  its  meet- 
ings, shall  perform  such  duties  as  are  prescribed  by  law,  and 
may  make  and  adopt  such  rules,  by-laws  and  regulations  as 
may  be  necessary  for  its  own  government,  and  for  the  complete 


SCHOOL    LAW    OF    INDIANA.  61 

i-arrying  into  effect  the  provisions  of  the  next  section  of  this 
act,  and  not  in  conflict  with  the  laws  of  the  State,  and  shall 
take  cognizance  of  such  questions  as  may  arise  in  the  practical 
administration  of  the  school  system  not  otherwise  provided  for, 
and  duly  consider,  discuss,  and  determine  the  same.  (R.  S.  1881, 
§  4421 ;  R,  S.  1894,  §  5850 ;  R.  S.  1897,  §  6113.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

24.  State  certificates.  155.  Said  Board  may  grant  State 
certificates  of  qualification  to  such  teachers  as  may,  upon  a 
thorough  and  critical  examination,  be  found  to  possess  eminent 
scholarship  and  professional  ability,  and  shall  furnish  satisfac- 
tory evidence  of  good  moral  character.  They  shall  hold  stated 
meetings,  at  which  they  shall  examine  all  applicants,  and  those 
found  to  possess  the  qualifications  herein  above  named  shall  re- 
ceive such  certificate,  signed  by  the  President  of  the  Board,  and 
impressed  with  the  seal  thereof;  and  the  said  certificate  shall 
entitle  the  holder  to  teach  in  any  of  the  schools  of  the  State 
without  further  examination,  and  shall  also  be  valid  during  the 
lifetime  of  said  holder,  unless  revoked  by  said  Board.  Each 
applicant  for  examination  shall,  on  making  application,  pay  to 
the  Treasurer  of  the  Board  five  dollars  as  a  fee.  (R.  S.  1881, 
S  4422 ;  R,  S.  1894,  §  5851 ;  R,  S.  1897,  §  6114.) 

GRADES  OF  LICENSES  ISSUED  BY  THE  STATE  BOARD  OF 
EDUCATION. 

I.  LIFE  STATE  LICENSE  FOR  GRADUATES  OF  HIGHER  INSTITUTIONS  OF  LEARN- 
ING ONLY.  The  State  Board  of  Education  revised  its  rules  governing  applicants 
for  Life  State  Licenses  by  the  addition  of  the  following  resolutions: 

Resolved,  That  the  rules  of  the  State  Board  of  Education  relating  to  examina- 
tions for  and  the  granting  of  Life  State  Licenses,  shall  be  and  are  hereby  amended 
by  the  addition  of  the  following:  All  graduates  of  higher  institutions  of  learn- 
ing in  Indiana,  or  other  institutions  of  equal  rank  in  other  States  approved  by 
this  Board,  which  require  graduation  from  Commissioned  High  Schools,  or  the 
equivalent  of  the  same,  as  a  condition  of  entrance,  which  maintain  standard 
courses  of  study  of  at  least  four  years,  and  whose  work,  as  to  scope  and  quality, 
is  approved  by  the  State  Board  of  Education,  shall,  on  complying  with  the  con- 
ditions enumerated  below,  be  entitled  to  Life  State  Licenses  to  teach  in  Indiana: 
/'/  onViW,  AO/<V,VY,  That  graduation  by  the  applicant  shall  have  been  accomplished 
by  not  less  than  three  years'  resident  study  and  by  thorough,  extended  examina- 
tions in  all  subjects  pursued  privately  and  for  which  credit  has  been  gived  by  the 
institution:  And,  provided  further,  That  the  requirement  as  to  three  years'  resident 
study  shall  apply  only  to  applicants  graduating  after  January  18,  1900. 

First.  Such  applicants  must  have  held  one  or  more  Sixty  Months'  Licenses 
or  a  Professional  License. 


62  SCHOOL    LAW    OF    INDIANA. 

Second.  They  must  present  to  the  State  Board  of  Education  satisfactory 
written  testimonials  from  competent  superintendents,  special  supervisors,  teachers, 
or  other  school  officials  to  the  effect  that  they  have  taught  and  managed  a  school 
or  schools  successfully  for  a  period  of  not  less  than  thirty  months,  at  least  ten  of 
which  shall  have  been  in  Indiana. 

Third,  They  must  pass  through  satisfactory  examinations  in  any  three  of  the 
following  subjects:  (1)  General  History  of  Education;  (2)  The  School  System 
and  the  School  Law  of  Indiana;  (3)  Educational  Psychology;  (4)  Experimental 
Psychology  and  Child  Study ;  (5)  Leading  School  Systems  of  Europe  and  America ; 
(6)  Science  of  Education,  and  (7)  The  Principles  and  Methods  of  Instruction, 

Fourth.  Before  entering  upon  the  examination,  such  applicants  shall  present 
to  the  State  Board  of  Education  satisfactory  evidence  of  good  moral  character, 
and  shall  pay  five  dollars  each  (the  fee  prescribed  by  law)  which  can  in  no  case 
be  refunded.  Examinations  in  the  subjects  named  above  may  be  taken  on  the 
last  Saturday  of  April. 

Fifth.  A  license  will  be  granted  to  those  who  make  a  general  average  of  75 
per  cent.,  not  falling  below  65  per  cent,  in  any  subject. 

II.  and  III.  FOR  APPLICANTS  NOT  GRADUATES  OF  HIGHER  INSTITUTIONS  OP 
LEARNING.  Life  State  and  Professional. 

Examinations  for  these  licenses  will  be  conducted  in  the  months  of  March 
and  April. 

Section  1.  Subjects  for  March:  Algebra,  Civil  Government,  American 
Literature,  Science  of  Education,  and  two  of  the  following  three  subjects — Ele- 
ments of  Physics,  Elements  of  Botany,  and  Latin  (Latin  Grammar,  two  books  of 
Caesar  and  two  of  Virgil).  A  satisfactory  examination  on  the  above  entitles  the 
applicant  to  a  Professional  License,  valid  in  any  Indiana  school  for  eight  years. 

Section  2.  Subjects  for  April:  Geometry,  Rhetoric,  General  History,  Eng- 
lish Literature,  Physical  Geography,  and  two  of  the  following  three  subjects — 
Chemistry,  Geology,  and  Zoology.  A  satisfactory  examination  on  both  1  and  2 
entitles  the  applicant  to  a  Life  State  License. 

The  following  requirements  govern  the  application  for  Life  State  and  Pro- 
fessional Licenses : 

1.  Applicants  for  Life  State  and  Professional  Licenses  must  have  held  two 
thirty-six  months'  licenses  in  Indiana,  or  an  equivalent  in  another  State,  obtained 
by  actual  examination,   and  must  have  taught  successfully  at  least  forty-eight 
months,  which  fact  shall  be  properly  certified  to  and  sent  with  the  manuscripts  to 
the  State  Board  of  Education. 

Before  entering  upon  the  examination,  applicants  shall  present  to  the  Ex- 
aminer satisfactory  evidence  of  good  moral  character  and  professional  ability. 
Applicants  for  Life  State  License  shall  pay  five  dollars  each  (the  fee  prescribed 
by  law),  which  can  in  no  case  be  refunded. 

2.  Applicants  for  Professional  License  will  take  the  March  examination 
only. 

3.  No  fee  is  required  of  applicants  for  Professional  License. 

4.  A  license  will  be  granted  to  those  who  make  a  general  average  of  seventy- 
five  per  cent.,  not  falling  below  sixty  per  cent,  in  any  subject,  and  who  present 
satisfactory  evidence  of  professional  ability  and  good  moral  character. 

5.  An  applicant  for  a  Life  State  License  failing  in  the  examination  for  the 
same,  but  who  will  have  met  all  the  requirements  for  a  Professional  License,  shall 
receive  such  license,  or  if  he  reach  the  required  average  for  a  Professional  License,. 


SCHOOL    LAW    OF    INDIANA.  63 

hut  fall  below  the  standard  per  cent,  in  one  subject,  he  may  be  conditioned  in 
such  subject,  and  may  be  granted  a  Professional  License,  on  the  same  conditions 
as  if  he  had  originally  applied  for  a  license  of  this  class. 

ii.  An  applicant  is  "conditioned,"  that  is,  he  may  complete  the  work  at  the 
next  regular  examination,  if  he  make  the  required  general  average  and  pass  suc- 
cessfully upon  all  the  branches  except  one,  required  for  the  license  applied  for. 
A  statement  setting  forth  this  fact  will  be  furnished  such  " conditioned"  appli- 
cant, who  must  present  the  same  to  the  County  Superintendent,  who  will  forward 
it  with  the  conditioned  manuscript  to  this  Department. 

WHERE  Till:  EXAMINATIONS  MAY  BE  TAKEN. 

(«)  Applicants  for  a  Professional  License  will  be  examined  by  the  County 
Superintendents  on  the  last  Saturday  of  March.  The  papers  will  be  graded  by 
the  State  Board  of  Education.  All  questions  are  furnished  by  the  State  Board  of 
Education. 

(h)  Applicants  for  a  Life  State  License  may  be  examined  by  members  of  the 
State  Board  of  Education  at  any  one  of  the  following  places  on  the  last  Saturday 
of  April: 

1.     In  the  Department  of  Public  Instruction,  State  House. 
'2.     In  the  office  of  the  City  Superintendent  of  Schools,  Fort  Wayne. 
In  the  office  of  the  City  Superintendent  of  Schools,  Evansville. 
In  the  office  of  the  County  Superintendent  of  Schools,  Valparaiso. 
In  the  office  of  the  County  Superintendent  of  Schools,  Richmond. 
In  the  office  of  the  County  Superintendent  of  Schools,  Terre  Haute. 
In  the  office  of  the  County  Superintendent  of  Schools,  Lafayette. 
In  the  office  of  the  City  Superintendent  of  Schools,  Seymour. 
In  the  office  of  the  City  Superintendent  of  Schools,  Bloornington. 

[1873,  p  68.    Approved  and  in  force  March  8, 1873.] 

25.     Pay  and  mileage  of  Board.     156.    The  members  of 

said  Board,  other  than  the  Governor  and  State  Superintendent 
of  Public  Instruction,  shall  be  entitled  to  receive  for  their 
services,  while  actually  engaged  in  the  duties  of  their  office, 
five  dollars  per  day  and  five  cents  per  mile  necessarily  traveled 
while  so  engaged  ;  which  amount  shall  be  certified  by  the  Board 
to  the  Auditor  of  the  State,  who  shall  draw  his  warrant  therefor, 
payable  out  of  the  general  fund,  which  sum  shall  be  reimbursed 
to  the  general  fund  by  the  Treasurer  of  the  Board  paying  into 
it  that  amount  out  of  the  money  received  by  him  as  fees  for 
certificates :  and  if  there  be  any  residue  of  money  received  as 
such  fees,  it  shall  be  expended  by  the  Superintendent  of  Public 
Instruction  in  the  purchase  of  suitable  books  for  an  office 
library.  Said  Board  shall  be  allowed  the  necessary  expenses 
incurred  in  the  discharge  of  the  duties  required  of  the  same, 
for  clerk  hire,  postage,  etc.;  which  expenses  shall  be  paid  as 
the  expenses  of  the  members  of  the  Board  are  paid.  (II.  S. 
1881,  §  442;* ;  R.  S.  1894,  §  5852  ;  E.  S.  1897,  §  6115.) 


64 


SCHOOL   LAW    OF    INDIANA. 


CHAPTER  IV. 


SCHOOL  BOOKS. 


SEC 
26. 

27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 
35. 
36. 
37. 

38. 
39. 
40. 
41. 

42. 

43. 
44. 

45. 
46. 
47. 
48. 
49. 
50. 


State  Board  of  Education  a  Board  of 
School  Book  Commissioners. 

Advertise  for  bids. 

Open  bids. 

May  procure  manuscripts. 

State  not  liable. 

Governor's  proclamation. 

Trustee's  duty. 

Quarterly  reports. 

Superintendent  to  enter  suit. 

Superintendent's  special  bond. 

Reports  to  contractors. 

Sale  for  more  than  contract  price  a  mis- 
demeanor. 

Embezzlement. 

Appropriation— Laws  repealed. 

Advertise  for  bids. 

Trustees  to  make  requisitions  first 
Monday  of  June. 

Trustees  to  acknowledge  receipt  of 
books. 

Books  for  poor  or  indigent  children. 

Reports  to  Commissioners  and  County 
Superintendent. 

Appropriation. 

Suit  on  Trustee's  bond. 

County  Superintendent's  special  bond. 

Superintendent's  report  to  contractor. 

Failure  to  report — Embezzlement. 

Books  to  be  uniformly  used. 


SEC. 

51.  Duty  of  contractor. 

52.  Name  and  price  of  books  on  cover. 

53.  State  Superintendent's  duty. 

54.  Act  supplemental. 

55.  Contractors  to  file  consent. 

56.  Sale  to  merchants  or  dealers — Trustee's 

report. 

57.  Officers  to  supply  sufficient  books. 

58.  Duty  of  merchants  and  dealers. 

59.  County  Superintendent  to  make  report. 

60.  Officers     failing     to     report— Right    of 

action. 

61.  Failure  to  report  at  expiration  of  term- 

Embezzlement. 

62.  Sale  for  more  than  contract  price  a  mis- 

demeanor. 

63.  Contractors  to  file  consent  for  revision 

of  books. 

64.  Author    to    revise— County    and    State 

Superintendent  to  scale  requisition. 

65.  Intermediate     grammar     or    language 

lessons. 

66.  State  Board  to  meet— Notice. 

67.  Frequency  of  revision— Geographies. 

68.  Standard      of      revision — Contractor's 

bond. 

69.  Appropriation. 

70.  New  bond. 

71.  State  Superintendent's  duty. 

72.  Act  supplemental. 


\  p.  74.    Became  a  law  by  lapse  of  time  without  the  Governor's  approval,  March  2, 


26.  State  Board  of  Education  a  Board  of  School  Book 
Commissioners.  1.  The  State  Board  of  Education  shall  con- 
stitute a  Board  of  Commissioners  for  the  purpose  of  making  a 
selection,  or  procuring  the  compilation  for  use  in  the  common 
schools  of  the  State  of  Indiana,  of  a  series  of  text-books  in  the 
following  branches  of  study,  namely  :  Spelling,  reading,  arith- 
metic, geography,  English  grammar,  physiology,  history  of  the 
United  States,  and  a  graded  series  of  writing  books.  The 
matter  contained  in  the  readers  shall  consist  of  lessons  com- 
mencing with  the  simplest  expression  of  the  language,  and  by 
a  regular  gradation  advancing  to  and  including  the  highest 
style  of  composition  both  in  poetry  and  prose  :  Provided,  That 


SCHOOL   LAW    OF   INDIANA.  OO 

none  of  said  text-books  shall  contain  anything  of  a  partisan  or 
sectarian  character  :  And,  provided  further,  That  the  foregoing 
books  shall  be  at  least  eqnal  in  size  and  quality  as  to  matter, 
material,  style  of  binding  and  mechanical  execution,  to  the 
following  text-books  now  in  general  use,  namely  :  The  speller  to 
Mc(iuffev's  Spelling-book,  the  reader  to  Appleton's  Readers, 
the  arithmetic  to  Ray's  Xew  Arithmetic  Series,  the  geographies 
to  the  Eclectic  Series  of  Geographies,  the  grammar  to  Harvey's 
Grammar,  the  physiology  to  Dalton's  Physiology,  the  history 
of  the  United  States  to  Thalheimers  History  of  the  United 
States,  and  the  writing-books  equal  to  the  Eclectic  Copy-books. 
(R.  S.  1894,  §  5853;  R.  S.  1897,  §  6269.) 

1.  CONSTITUTIONAL.     This  act  is  constitutional.     It  is  not  void  on  the  ground 
that  it  creates  a  monopoly,  nor  on  the  ground  that  it  confers  a  special  privilege. 
—State  c.  Ilaworth,  122  Ind.  462. 

2.  CHOICE  OF  BOOKS.     The  Legislature  has  the  power  to  require  a  designated 
series  of  books  to  be  used  in  the  public  schools,  and  to  require  that  the  books 
selected  shall  be  obtained  by  the  school  officers  from  the  person  to  whom  the  con- 
tract for  supplying  them  may  be  awarded.     It  may  not  only  prescribe  regulations 
for  using  the  books  designated,  but  it  may  also  declare  how  the  books  shall  be 
obtained  and  distributed. — State  r.  Haworth,  122.  Ind.  462. 

27.  Advertise  for  bids.  2.  The  said  Board  of  Commis- 
sioners shall,  immediately  upon  the  taking  effect  of  this  act, 
advertise  for  twenty-one  consecutive  days  in  two  daily  papers 
published  in  this  State,  having  the  largest  circulation,  and  in 
one  newspaper  of  general  circulation  in  the  cities  of  New  York, 
Philadelphia,  Cincinnati,  Chicago  and  St.  Louis  that  at  a  time 
and  place  to  be  fixed  by  said  notice,  and  not  later  than  six 
months  after  the  first  publication  thereof,  said  board  will  receive 
sealed  proposals  on  the  following : 

First.  From  publishers  of  school  text-books,  for  furnishing 
books  to  the  school  trustees  of  the  State  of  Indiana  for  use  in 
the  common  schools  of  this  State,  as  provided  in  this  act,  for  a 
term  of  five  years,  stating  specifically  in  such  bid  the  price  at 
which  each  book  will  be  furnished,  and  accompanying  such  bid 
with  specimen  copies  of  each  and  all  books  proposed  to  be  fur- 
nished in  such  bid. 

Second.  From  authors  of  school  text-books,  who  have  manu- 
scripts of  books  not  published,  for  prices  at  which  they  will  sell 
their  manuscript,  together  with  the  copyright  of  such  books, 
for  use  in  the  public  schools  of  the  State  of  Indiana. 

5— Sen.  LAW. 


66  SCHOOL    LAW    OF   INDIANA. 

Third.  From  persons  who  are  willing  to  undertake  the  com- 
pilation of  a  book  or  books,  or  a  series  of  books,  as  provided 
for  in  section  one  (1)  of  this  act,  the  price  at  which  they  are 
willing  to  undertake  such  compilation  of  any  or  all  of  such 
books,  to  the  acceptance  and  satisfaction  of  the  said  Board  of 
Commissioners :  Provided,  That  any  and  all  bids  by  publishers, 
herein  provided  for,  must  be  accompanied  by  a  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  with  resident  freehold 
surety,  to  the  acceptance  and  satisfaction  of  the  Governor  of 
this  State,  conditioned  that  if  any  contract  be  awarded  to  any 
bidder  hereunder,  such  bidder  will  enter  into  a  contract  to  per- 
form the  conditions  of  his  bid  to  the  acceptance  and  satisfaction 
of  said  board  :  And  provided  further,  That  no  bid  shall  be  con- 
sidered unless  the  same  be  accompanied  by  the  affidavit  of  the 
bidder  that  he  is  in  nowise,  directly  or  indirectly,  connected 
with  any  other  publisher  or  firm  who  is  now  bidding  for  books 
submitted  to  such  board,  nor  has  any  pecuniary  interest  in  any 
other  publisher  or  firm  bidding  at  the  same  time,  and  that  he  is 
not  a  party  to  any  compact,  syndicate  or  other  scheme  whereby 
the  benefits  of  competition  are  denied  to  the  people  of  this 
State  :  And  be  it  further  provided,  That  if  any  competent  author 
or  authors  shall  compile  any  one  or  more  books  of  the  first 
order  of  excellence,  and  shall  offer  the  same  as  a  free  gift  to  the 
people  of  this  State,  together  with  the  copyright  of  the  same 
and  the  right  to  manufacture  and  sell  such  works  in  the  State 
of  Indiana  for  use  in  the  public  schools,  it  shall  be  the  duty  of 
such  Board  of  Commissioners  to  pay  no  money  for  any  manu- 
script or  copyright  for  such  book  or  books  on  the  subject  treated 
of  in  the  manuscript  so  donated ;  and  such  board  shall  have  the 
right  to  reject  any  and  all  bids,  and  at  their  option  such  board 
shall  have  the  right  to  reject  any  bid  as  to  a  part  of  such  books, 
and  to  accept  the  same  as  to  the  residue  thereof.  (R.  S.  1894, 
§5854;  E,  S.  1897,'§  6270.) 

28.  Open  bids.  3.  It  shall  be  the  duty  of  such  board  to 
meet  at  the  time  and  place  mentioned  in  such  notice,  and  open 
and  examine  all  sealed  proposals  received  pursuant  to  the  notice 
provided  for  in  section  two  (2)  of  this  act,  and  it  shall  be  the 
further  duty  of  such  board  to  make  a  full,  complete  and  thor- 
ough investigation  of  all  such  bids  or  proposals,  and  to  ascertain 


SCHOOL    LAW    OF    INDIANA.  67 

under  which  of  said  proposals  or  propositions  the  school  books 
could  he  furnished  to  the  people  of  this  State  for  use  in  the 
common  schools  at  the  lowest  price,  taking  into  consideration 
the  size  and  quality,  as  to  matter,  material,  style  of  binding, 
and  mechanical  execution  of  such  books  :  Provided,  always,  That 
such  board  shall  not,  in  any  case,  contract  with  any  author, 
publisher  or  publishers,  for  the  furnishing  of  any  book,  manu- 
script, copyright,  or  books,  which  shall  be  sold  to  patrons,  for 
use  in  the  public  schools  of  this  State,  at  a  price  above,  or  in 
excess  of,  the  following,  which  prices  shall  include  all  cost  and 
charges  for  the  transportation  and  delivery  to  the  several  County 
School  Superintendents  in  this  State,  namely:  for  a  spelling 
book,  ten  (10)  cents  ;  for  a  first  reader,  ten  (10)  cents  ;  for  a 
second  reader,  fifteen  (15)  cents  ;  for  a  third  reader,  twenty-five 
(25)  cents  ;  for  a  fourth  reader,  thirty  (30)  cents  ;  for  a  fifth 
reader,  forty  (40)  cents  ;  for  an  arithmetic,  intermediate,  thirty- 
five  (35)  cents  ;  for  an  arithmetic,  complete,  forty-five  (45)  cents  ; 
for  a  geography,  elementary,  thirty  (30)  cents  ;  for  a  geography, 
complete,  seventy-five  (75)  cents;  for  an  English  grammar,  ele- 
mentary, twenty  -five  (25)  cents  ;  for  an  English  grammar,  com- 
plete, forty  (40)  cents  ;  for  a  physiology,  thirty-five  (35)  cents  ; 
for  u  history  of  the  United  States,  fifty  (50)  cents;  for  copy 
books,  each,  five  (5)  cents.  (li.  S.  1894,  §5855;  R.  S.  1897, 


29.  May  procure  manuscripts.  4.  If,  upon  the  examina- 
tion of  such  proposals,  it  shall  be  the  opinion  of  such  Board  of 
Commissioners  that  such  books  can  be  furnished  cheaper  to  the 
patrons  for  use  in  the  common  schools  in  the  State,  by  procuring 
and  causing  to  be  published  the  manuscript  of  any  or  all  of  such 
books,  it  shall  be  their  duty  to  procure  such  manuscript  and  to 
advertise  for  sealed  proposals  for  publishing  the  same,  in  like 
manner  as  hereinbefore  provided  and  under  the  same  conditions 
and  restrictions.  And  such  contract  may  be  let  for  the  publica- 
tion of  all  of  such  books,  or  for  any  one  or  more  of  such  books 
separately  ;  and  it  shall  be  the  further  duty  of  such  Board  of 
Commissioners  to  provide  in  the  contract  for  the  publication  of 
any  such  manuscript  for  the  payment,  by  the  publisher,  of  the 
compensation  agreed  between  such  board  and  the  author  or 
owner  of  any  such  manuscript  for  such  manuscript,  together  with 


68  SCHOOL    LAW    OF    INDIANA. 

the  cost  or  expense  of  copyrighting  the  same.     (R.  S.  1894, 
§5856;  R.  S.  1897,  §  6272.)  " 

30.  State  not  liable.  .5.    It  shall  he  a  part  of  the  terms  and 
conditions  of  every  contract  made  in  pursuance  of  this  act  that 
the  State  of  Indiana  shall  not  he  liable  to  any  contractor  here- 
under  for  any  sum  whatever ;  hut  that  all  such  contractors  shall 
receive  their  pay  and  compensation  solely  and  exclusively  from 
the  proceeds  of  the  sale  of  the  books,  as  provided  for  in  this  act. 
(R.  S.  1894,  §  5857;  R.  S.  1897,  §  6273.) 

31.  Governor's  proclamation.     6.    As  soon  as  such  board 
shall  have  entered  into  any  contract  for  the  furnishing  of  books 
for  use  in  the  public  schools  of  this  State,  pursuant  to  the  pro- 
visions of  this  act,  it  shall  be  the  duty  of  the  Governor  to  issue 
his  proclamation  announcing  such  fact  to  the  people  of  this 
State.     (R.  S.  1894,  §  5858;  R.  S.  1897,  §  6274.) 

32.  Trustee's   duty.     7.     When   such   proclamation   shall 
have  been   duly   issued,   it  shall   be   the  duty  of  the  School 
Trustees  of  each  and  every  school  corporation  in  this  State, 
within  thirty  days  thereafter,  and  at  such  other  times  as  books 
may  be  needed  for  use  in  the  public  schools  of  their  respective 
corporations,  to  certify  to  the  County  Superintendent  of  their 
respective  counties  the  number  of  school  text-books  provided 
for  in  such  contract  required  by  the  children  for  use  in  the 
schools   of   their    several   school   corporations.     Such    County 
Superintendent  shall  forthwith  make  such  requisition  for  books 
as  the  schools  in  the  said  several  counties  may  require  upon  the 
State  Superintendent  of  Public  Instruction,  and  that  said  State 
Superintendent  of  Public  Instruction  shall  immediately  there- 
after make  a  requisition  for  said  books  upon  the  contractor, 
who   shall,   within   ninety   days,   ship    the   books   so    ordered 
directly  to  the  County  School  Superintendents  of  the  several 
counties  of  this  State.     Upon  the  receipt  of  such  books  it  shall 
be  the  duty  of  such  County  School  Superintendents  to  immedi- 
ately notify  all  the  School  Trustees  of  the  school  corporations, 
as  shown  by  the  last  school  enumeration  of  their  counties,  of 
the  receipt  of  such  books.     It  shall  then  be  the  duty  of  such 
School  Trustees  to  immediately  procure  and  take  charge  and 
custody  of  all  the  books  assigned  to  their  several  school  corpo- 


SCHOOL   LAW    OF   INDIANA.  69 

rations,  receipting  therefor,  to  the  said  County  School  Superin- 
tendent ;  and,  upon  the  receipt  of  such  books  by  said  School 
Trustees,  they  shall  furnish  them,  on  demand,  to  the  school 
patrons  or  school  children  of  their  respective  corporations,  at 
the  price  fixed  therefor  by  the  contract  entered  into  between 
said  Board  of  Commissioners  and  said  contractor ;  and  it  shall 
be  the  duty  of  such  school  officers  to  sell  books  for  cash  only ; 
and  if  they  shall  sell  or  dispose  of  any  books  other  than  for  the 
cash  price  thereof,  they  shall  be  held  personally  liable,  and  liable 
upon  their  official  bond  for  the  price  of  such  book  or  books : 
Provided,  That  any  patron  or  pupil  of  any  school  or  schools 
other  than  the  public  schools,  and  also  any  child  between  the 
ages  of  six  and  twenty-one  years  of  age,  or  the  parent,  guardian 
or  teacher  of  such  child,  shall  have  the  right  to  purchase  and 
receive  the  books,  and  at  the  prices  herein  named,  by  payment 
of  the  cash  price  thereof  to  the  School  Superintendent  of  any 
county  in  this  State,  and  it  is  hereby,  made  his  duty  to  make 
requisition  upon  the  contractor  for  any  and  all  books  so  ordered 
and  paid  for  by  any  such  person  or  persons :  And,  provided 
further,  That  nothing  in  this  act  shall  operate  to  prevent  the 
State  Board  of  Education,  Boards  of  School  Trustees  or  Boards 
of  School  Commissioners,  from  devising  means  and  making 
arrangements  for  the  sale,  exchange  or  other  disposition  of  such 
books  as  may  be  owned  by  the  pupils  of  schools  under  their 
charge,  at  the  time  of  the  adoption  of  books  under  the  provisions 
of  this  act.  (R.  S.  1894,  §  5859 ;  R.  S.  1897,  §  6275.) 

33.  Quarterly  reports.  8.  At  the  expiration  of  three 
months  after  the  receipt  of  such  books  by  the  County  Superin- 
tendent, and  every  three  months  thereafter,  it  shall  be  the  duty 
of  each  school  trustee  receiving  and  chargeable  with  books 
under  the  provisions  of  this  act,  to  make  a  full  and  complete 
report  to  the  County  Superintendent  of  the  number  of  books 
sold,  and  the  amount  of  money  received  therefor,  and  the  num- 
ber of  books  on  hand ;  and  at  the  time  of  making  such  report 
he  shall  pay  over  to  the  County  Superintendent  all  moneys  re- 
ceived by  him  or  with  which  he  is  chargeable,  from  the  sales  of 
books  in  his  hands;  which  report  shall  be  duly  verified  by  the 
oath  of  the  party  making  it.  (R.  S.  1894,  §  5860 ;  R.  S.  1897, 
§  6276.) 


70  SCHOOL   LAW   OF   INDIANA. 

34.  Superintendent  to  enter  suit.     9.    If,  at  the  expira- 
tion of  ten  days  from  the  time  required  by  this   act  for  the 
making  of  such  report  of  any  School  Superintendent  chargea- 
ble with  books  under  this  act,  any  such  officer  shall  have  failed, 
neglected  or  refused  to  make   such  report,  or  turn  over  any 
moneys  with  which  he  is  chargeable,  it  shall  be  the  duty  of  the 
County  School  Superintendent,  within  fifteen  days,  to  enter  suit 
upon  his  official  bond  for  an  accounting  and  recovery  of  any 
moneys  due  from  him  on  account  of  such  books  with  which  he 
is  chargeable;  and  all  judgments  recovered  upon   such  bonds 
shall  include  a  reasonable  attorney's  fee  for  the  attorney  prose- 
cuting such  suit;  and  such  judgment  shall    be  without  relief 
from  valuation  or  appraisement  laws,  and  shall  be  without  stay 
of  execution.     (R,  S.  1894,  §  5861 ;  R.  S.  1897,  §  6277.) 

35.  Superintendent's  special  bond.    10.    It  shall  be  the 
duty   of   the   several   County  School  Superintendents  of  this 
State,  within  thirty  days  from  the  issuing  of  the  proclamation 
by  the  Governor,  as  hereinbefore  provided  for,  and  of  every 
County  Sch6ol    Superintendent    hereafter    elected,    before    he 
enters  upon  the  discharge  of  his  official  duties,  to  enter  into  a 
special  bond,  with  at  least  two  freehold  sureties  of  such  county, 
payable  to  the   State   of  Indiana,  conditioned  that  they  will 
faithfully  and  honestly  perform  all  the  duties  required  of  them 
by  this  act,  and  account  for  and  pay  over  all  moneys  that  may 
come  into  their  hands,  pursuant  to  the  provisions  of  this  act,  in 
a  penal  sum  which  shall  be  equal  in  amount  to  one  hundred 
dollars  for  every  one  thousand  inhabitants  of  their  respective 
counties  as  shown  by  the  last  census  immediately  preceding  the 
giving  of  such  bond,  to  be  approved  by  the  Board  of  Commis- 
sioners of  their  respective  counties ;  and  upon  the  failure  of  any 
County  School  Superintendent  to  give  such  bond,  his  office  shall 
become  immediately  vacant,  and  the  Board  of  Commissioners 
of  his  county  shall  immediately  appoint  some  competent  and 
suitable  person  to  fill  such  vacancy  for  the  unexpired  term  of 
his  office.     (R,  S.  1894,  §  5862 ;  R/S.  1897,  §  6278.) 

36.  Reports  to  contractor.     11.    It  shall  be  the  duty  of 
each  County  School  Superintendent  in  this  State,  within  ten 
days  after  the  quarterly  reports  of  the  school  trustees,  as  here- 


SCHOOL   LAW    OF   INDIANA.  71 

inbefore  provided  for,  to  make  a  full,  true,  complete  and  detailed 
report  to  the  contractor  of  all  books  sold  by  the  several  school 
trustees  of  his  county,  and  of  the  number  of  books  in  the 
hands  of  the  trustees  of  each  school  corporation,  which  report 
shall  1)0  accompanied  by  all  cash  received  by  him  from  the 
school  officers  from  sales  of  books  by  them  sold,  and  which 
report  shall  be  duly  verified  by  him,  and  a  duplicate  thereof 
shall  be  filed  in  the  office  of  the  Auditor  of  his  county.  Upon 
the  failure  of  any  County  School  Superintendent  to  make  the 
report  and  to  transmit  the  cash,  as  required  by  this  section,  a 
right  of  action  shall  immediately  accrue  to  the  contractor 
against  the  said  school  superintendent  and  the  sureties  upon 
the  bond  provided  for  in  this  act,  for  an  accounting  and  for  the 
recovery  of  any  moneys  received  and  not  transmitted  by  him, 
and  for  any  damages  which  may  have  resulted  from  his  neglect 
or  failure  to  comply  with  the  provisions  of  this  act,  and  any 
judgment  upon  any  such  bond  shall  include  a  reasonable  fee 
for  the  attorney  prosecuting  such  suit,  and  such  judgment  shall 
be  without  relief  from  valuation  and  appraisement  laws,  and 
shall  be  without  stay  of  execution.  (R.  S.  1894,  §5863;  R.  S. 
1897,  §  6279.) 

37.  Sale  for  more  than  contract  price  a  misdemeanor. 

12.  Any  school  trustee  charged  with  the  sales  of  any  books 
under  the  provisions  of  this  act,  who  shall  directly  or  indirectly 
demand  or  receive  any  money  for  any  book  or  books  in  excess 
of  the  contract  price,  as  hereinbefore  provided,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  ten  nor  more  than  one  hundred 
dollars,  to  which  may  be  added  imprisonment  in  the  -county  jail 
for  a  term  not  exceeding  sixty  days.  (R.  S.  1894,  §  5864;  R.  S. 
•1897,  §6280.) 

38.  Embezzlement.     13.     Any  county  school  superintend- 
ent   or  trustee  of  any  township  or  school  corporation  in  this 
State  who  shall  fraudulently  fail  or  refuse,  at  the  expiration  of 
the  term  for  which  he  was  elected  or  appointed,  or  at  any  time 
during  such  term,  when  legally  required  by  the  proper  person 
or  authority,  to  account  for  and  deliver  and  pay  over  to  such 
person  or  persons  as  may  be  lawfully  entitled  to  receive  the 


72 


SCHOOL    LAW    OF    INDIANA. 


same,  all  moneys  or  school  books  which  may  have  come  into 
his  hands  by  virtue  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  embezzlement,  and  upon  conviction  thereof  shall  be 
imprisoned  in  the  State  prison  for  any  period  not  more  than 
five  years  nor  less  than  one  year,  and  fined  in  any  sum  not  ex- 
ceeding one  thousand  dollars,  and  rendered  incapable  of  hold- 
ing any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1894,  §  5865 ;  E.  S.  1897,  §  6281.) 

39.  Appropriation— Laws  repealed.     14.    The  sum  of  one 

thousand  dollars  is  hereby  appropriated  out  of  any  funds  in 
the  State  Treasury  not  otherwise  appropriated,  for  the  purpose 
of  paying  the  cost  and  expenses  incident  to  the  giving  of  the  no- 
tices herein  provided  for,  and  carrying  out  the  provisions  of  this 
act.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed.  (R.  S.  1894,  §5866;  R.  S.  1897, 
§  6282.) 

[1891,  p.  99.    Approved  and  in  force  March  5, 1891.] 

40.  Advertise  for  bids.     1.     It  shall  be  the  duty  of  the 
Board  of  Commissioners,  for  the  purpose  of  securing  for  use  in 
the  common  schools  of  the  State  of  Indiana  of  a  series  of  text- 
books as  constituted  by  the  act  of  the  General  Assembly  in  this 
section  mentioned,  to  immediately  advertise  for  bids,  and  to  act 
upon  such  bids  as  may  be  submitted  for  the  furnishing  for  use 
in  the  common  schools  of  the  State  of  Indiana  of  a  spelling- 
book,  a  primary  physiology,  a  more  advanced  work  on  physiol- 
ogy and  hygiene,  an  elementary  grammar,  a  complete  grammar, 
and  a  history  of  the  United  States.     In  advertising  for  such  bids, 
and  in  acting  upon  any  bid  which  may  be  submitted,  such  Board 
of  Commissioners  shall  be  governed,  as  far  as  possible,  by  the 
same  terms,  conditions  and  limitations  concerning  them,  and 
shall  require  bidders  and  contractors  to  comply  with  all  terms, 
conditions  and  limitations  concerning  bidders  or  contractors,  so 
far  as  applicable,  as  are  contained  in  an  act  of  the  General  Assem- 
bly of  Indiana,  entitled  "  An  act  entitled  an  act  to  create  a  Board 
of  Commissioners  for  the  purpose  of  securing  for  use  in  the  com- 
mon schools  of  the  State  of  Indiana  of  a  series  of  text-books, 
defining  the  duties  of  certain  officers  therein  named  with  refer- 
ence thereto,  making  appropriations  therefor,  defining  certain 


SCHOOL   LAW    OF   INDIANA.  73 

felonies  and  misdemeanors,  providing  penalties  for  the  violation 
of  the  provisions  of  said  act,  repealing  all  laws  in  conflict  there- 
with, and  declaring  an  emergency."  Acts  of  the  General  As- 
sembly of  the  State  of  Indiana,  1889,  p.  74:  Provided,  That  the 
standard  of  Physiologies  shall  be  Hutchinson's  laws  of  health 
and  Hutchinson's  physiology  and  hygiene  :  And  provided  further, 
That  no  bids  shall  be  considered  in  which  the  price  of  a  primary 
physiology  shall  exceed  thirty  cents  for  the  volume,  or  in  which 
a  physiology  and  hygiene  shall  exceed  sixty  cents  for  the  volume, 
or  in  which  a  history  of  the  United  States  shall  exceed  sixty -five 
cents  for  the  volume.  (R.  S.  1894,  §  5867 ;  R,  S.  1897,  §  6283.) 

41.  Trustees  to  make  requisitions  first  Monday  of  June. 

2.  That  it  shall  be  the  duty  of  the  Township  Trustees  and 
School  Boards  of  the  State,  severally,  on  the  first  Monday  of 
June  in  each  year,  and  at  such  intermediate  times  as  the  neces- 
sity therefor  shall  exist,  after  considering  the  number  and  kind 
of  adopted  books  already  sold  in  the  corporation,  the  number 
and  kind  of  such  books  on  hand,  and  ascertaining  from  their 
teachers  or  Principal  and  Superintendent,  as  the  case  may  be, 
the  enrollment  of  scholars  in  the  different  classes  or  grades  of 
the  schools  of  the  corporation,  to  order  such  quantities  of  the 
books  which  the  State  has  at  that  time  adopted,  as  may  seem  to 
him,  or  to  it,  to  be  necessary  for  use  in  the  schools  of  such  cor- 
poration until  the  first  day  of  June  then  next  succeeding ;  the 
estimate  being  based  upon  the  information  which  it  is  above 
provided  shall  be  gathered,  and  on  the  advice  of  the  "County 
Superintendent :  Provided,  That  the  total  orders  for  any  school 
year  of  the  books  adopted  heretofore,  and  those  mentioned  in 
section  one  of  this  act,  shall  not  exceed  the  amount  of  one  dol- 
lar for  each  child  enumerated  for  school  purposes  in  the  corpora- 
tion :  And  provided  further,  That  it  shall  be  the  duty  of  the  State 
Superintendent  to  properly  scale  doAvn  any  order  for  books 
which  may  pass  through  his  hands  in  case  that  it  shall  seem 
clear  to  him  that  such  order  is  for  a  quantity  of  books  in  excess 
of  the  needs  of  the  corporation  during  the  period  for  which  such 
books  were  ordered.  (R.  S.  1894,  §  5868 ;  R.  S.  1897,  §  6284.) 

42.  Trustees    to    acknowledge    receipt    of    books.   .3. 

Whenever  an  order  for  the  books  which  the  State  has  adopted, 


74  SCHOOL   LAW   OF   INDIANA. 

or  may  adopt,  shall  have  been  filled  by  a  contractor  with  the 
State,  and  the  hooks  delivered  to  the  Township  Trustee  or 
School  Board  making  such  order,  it  shall  be  the  duty  of  such 
trustee  or  boards  to  immediately  acknowledge  the  receipt  of 
such  books  to  the  contractor,  and  also  to  make  a  report  thereof 
to  the  County  Superintendent,  and  it  shall  be  lawful  for  any 
such  trustee  or  school  board  to  at  once  make  payment  for  such 
books  to  the  contractor,  through  the  superintendent  of  the 
county,  out  of  any  school  funds  in  excess  of  the  needs  of  their 
respective  townships  or  school  corporations  for  current  ex- 
penses, or  other  special  needs,  in  the  hands  or  control  of  such 
trustee  or  board,  aside  from  the  principal  or  interest  of  the 
common  congressional  school  fund,  or  the  "school  revenue  for 
tuition:"  Provided,  however.  That  no  debt  shall  ever  be  con- 
tracted, or  warrant,  or  other  evidence  of  indebtedness,  ever  he 
issued  by  a  trustee  or  board  on  account  of  a  purchase  of  books  : 
And,  provided  further,  That  whenever  any  books  are  paid  for  by 
any  trustee  or  school  board,  such  trustee  or  school  board  shall 
be  liable  personally,  and  liable  upon  their  official  bonds,  respec- 
tively, for  the  preservation,  custody  and  safe  keeping  of  all 
such  books  until  the  same  are  sold  and  accounted  for,  or  other- 
wise disposed  of  according  to  law.  Whenever  a  hook,  paid  for 
as  aforesaid,  is  sold  by  a  trustee  or  school  board,  it  shall  be  the 
duty  of  such  trustee  or  school  board  to  turn  the  entire  proceeds 
of  such  sale  into  the  fund,  out  of  which  payment  was  made  to 
the  contractor,  to  reimburse  the  fund  for  such  advancement.  In 
case  a  trustee  or  school  board  receiving  books  from  a  contractor 
with  the  State  shall  not  pay  for  such  books,  as  provided  in  this 
section,  he,  or  it,  shall  make  quarterly  reports  under  oath  of  the 
sale  of  such  books,  accompanied  by  all  cash  received  therefor, 
to  the  County  Superintendent,  for  transmission  to  the  contractor, 
as  now  provided  by  law,  until  such  books  shall  have  been  fully 
paid  for.  The  provisions  of  this  section  shall  apply  to  all  orders 
heretofore  filed :  Provided,  That  if  said  trustee  or  board  shall 
have  on  hands  any  books  heretofore  ordered,  for  which  he,  or 
it,  may  have  no  immediate  use,  the  same  shall,  upon  the  order 
of  the  County  Superintendent,  or  the  State  Superintendent  of 
Public  Instruction,  be  returned  to  the  contractor,  or  be  shipped 
to  such  other  point  as  the  contractor  may  direct,  the  contractor 
to  pay  all  freight  charges  on  such  shipment ;  and  the  County 


SCHOOL    LAW    OF    INDIANA.  75 

Superintendent  and  such  trustee  or  board  shall,  thereupon,  have 
credit  for  such  books  so  returned  or  shipped.  (R.  S.  1894, 
§5869;  R.  S.  1897,  §  6285.) 

43.  Books  for  poor  or  indigent   children.    4.    It  shall 
be  the  duty  of  each  Township  Trustee  and  each  School  Board 
to   furnish   the   necessary  school  books,  so   far  as  they   have 
been  or  may  be  adopted  by  the  State,  to  all  such  poor  or  indi- 
gent children  as  may  desire  to  attend  the  common  schools  of 
his,  or  its,  corporation,  as  in  his,  or  its,  opinion  would  be  other- 
wise unable  to  attend  such  schools  :     Provided,  That  no  Town- 
ship Trustee  in  this  State  shall  receive  an  amount  exceeding  five 
dollars  as  compensation  for  his  services  in  any  one  year  for 
duties  performed  in  carrying  out  the  provisions  of  this  act,  or 
the  act  to  which  it  is  supplemental.     (R.  S.  1894,  §  5870  ;  R.  S. 
1897;  §6286.) 

44.  Reports   to   Commissioners   and   County   Superin- 
tendent,    5.     When  books  are  fully  paid  for  out  of  the  funds 
of  a  school  corporation,  as  provided  in  section  three  of  this  act, 
it  shall  not  be  necessary  for  the  Township  Trustee  or  School 
Board  of  such  corporation  to  make  quarterly  reports  of  the 
sale  of  the  adopted  books,  but  instead  thereof  a  report  shall  in 
all  cases  be  made  by  him,  or  it,  upon  oath  on  the  first  Monday 
of  August  in  each  year  to  the  County  Superintendent,  and  like 
report  upon  oiith  shall  at  the  same  time  be  made  to  the  Board 
of  Commissioners  of  the  county,  which  reports  shall  severally 
state  the  number  and  kind  of  books  on  hand  at  last  report;  the 
number  and  kind  sold;  the  number  then  on  hand;  the  disposi- 
tion of  the  money  received  on  such  sales  ;  the  amount  of  money 
used  from  any  school  fund  in  payment  for  books  received;  and 
the  condition  of  such  funds.     Such  reports  shall  also  state  the 
number  and  kind  of  books  furnished  as  provided  in  section  four 
of  this  act;    for  the  price   of  which  books  so  furnished  the 
Township  Trustee  or  School  Board  furnishing  the  same  shall 

credit.     (R.  S.  1894,  §  5871  ;  R.  S.  1897,  §  6287.) 


45.  Appropriation.  6.  The  sum  of  one  thousand  dollars 
is  hereby  appropriated  out  of  the  general  fund  in  the  State 
treasury  to  enable  the  Board  of  School  Commissioners,  men- 
tioned in  section  one  of  this  act,  to  advertise  for  bids  as  in  said 
section  provided.  (R.  S.  1894,  §  5872  ;  R.  S.  1897,  §  6288.) 


7<>  SCHOOL   LAW   OF   INDIANA. 

46.  Suit  on  Trustee's  bond.     7.    Any  Township  Trustee 
or  member  of  a  School  Board,  receiving  or  being  in  possession 
of  any  moneys  which  at  the  end  of  the  next  quarter  should  be 
turned  over  to  the  County  Superintendent  to  pay  a  contractor 
for  books  sold  which  have  not  been  paid  for  out  of  the  funds 
of  the  corporation,  who  shall  fail  to  report  the  sale  of  such 
books  at  the  end  of  such  next  quarter,  or  who  shall  fail  to  pay 
therewith   the  full  proceeds   thereof  to   the  County  Superin- 
tendent, or  so  much  thereof  as  may  be  necessary  to  fully  pay 
the  contractor,  shall  be  liable,  after  demand  upon  him,  to  a  suit 
on  his  official  bond,  brought  on  the  relation  of  the  County 
Superintendent,  whose  duty  it  shall  be  to  bring  the  action  for 
the  amount  due  from  him,  and  damages,  if  any,  and  any  judg- 
ment which  shall  be  rendered  in  favor  of  the  plaintiff  in  the 
action  shall  contain  a  reasonable  attorney's  fee,  and  shall  be 
payable  without  relief  from  valuation  or  appraisement  laws. 
The  same  liability  upon  his  bond  shall  accrue  against  a  Town- 
ship Trustee  or  member  of  a  School  Board  who  shall  refuse  to 
pay  over  as  in  this  act  required  any  moneys  drawn  from  the 
funds  of  his  corporation  on  account  of  books  purchased,  or  who 
shall  fail  to  apply  all  moneys  for  books  sold  that  have  been 
purchased  by  the   corporation,  to  the  reimbursement  of  the 
proper   fund.     Any  judgment   rendered   against   a   Township 
Trustee,  School  Board,  or  member  of  a  School  Board,  because 
of  the  non-performance  of  any  duty,  shall  include  a  reasonable 
fee  for  the  plaintiff's  attorney.     (R,  S.  1894,  §  5873 ;  E,  S.  1897, 
§  6289.) 

47.  County  Superintendent's  Special  Bond.    8.    It  shall 
be  the  duty  of  each  County  School  Superintendent  of  this  State, 
within  thirty  days  from  the  taking  effect  of  this  act,  and  of  each 
County  School  Superintendent  hereafter  elected,  before  he  enters 
upon  the  discharge  of  his  official  duties,  to  execute  a  special 
bond  with  at  least  two  freehold  sureties  of  his  county,  payable 
to  the  State  of  Indiana,  conditioned  that  he  will  faithfully  and 
honestly  perform  all  the  duties  required  of  him  by  law,  and 
account  for  and  pay  over  all  moneys  which  may  come  into  his 
hands  pursuant  to  law,  in  a  penal  sum  which  shall  be  equal  to 
one   hundred   dollars   for   every   thousand   inhabitants  of  his 
county,  as  shown  by  the  last  census  immediately  preceding  the 


SCHOOL   LAW    OF   INDIANA.  77 

giving  of  such  bond,  which  bond  shall  be  executed  to  the 
approval  of  the  Board  of  Commissioners  of  his  county,  and 
upon  failure  of  any  County  School  Superintendent  to  give 
such  bond,  his  office  shall  become  immediately  vacant,  and  the 
Board  of  Commissioners  of  his  county  shall  immediately  appoint 
some  competent  and  suitable  person  to  fill  such  vacancy  for  the 
uiR'xpired  term  of  his  office.  (R.  S.  1894,  §  5874;  R.  S.  1897, 
§  6290.) 

48.  Superintendent's  report  to  contractor.    9.    It  shall 
be  the  duty  of  such  County  School  Superintendent  within  ten 
days  after  the  receipt  of  any  report,  or  money,  from  a  Town- 
ship Trustee  or  School  Board,  as  hereinbefore  provided  for,  to 
make  a  full,  true,  complete  and  detailed  report  thereof  to  the 
contractor,   which   report   shall   be   accompanied  by   all   cash 
received  by  him  from  the  school  officers.     The  report  above 
provided  for  shall  be  duly  sworn  to  by  the  County  Superin- 
tendent, and  a  duplicate  thereof  shall  be  filed  by  him  in  the 
office  of  the  Auditor  of  his  county.     Upon  the  failure  of  any 
County  School  Superintendent  to  make  report  to  the  contractor 
and  to  transmit  the  cash  as  required  by  law,  a  right  of  action 
shall  immediately  accrue  to  the   contractor   against  the  said 
County  School  Superintendent,  and  the  sureties  upon  his  bond 
provided  for  in  this  act,  for  an  accounting  and  for  the  recovery 
of  any  moneys  received  and  not  transmitted  by  him,  and  for  any 
damages  which  may  have  resulted  from  his  neglect  or  failure  to 
comply  with  the  provisions  of  this  act,  and  any  judgment  upon 
any  such  bond  shall  include  a  reasonable  fee  for  the  attorney 
prosecuting  such   suit,  and  such  judgment  shall  be  without 
relief  from  valuation  or  appraisement  laws,  and  shall  be  without 
stay  of  execution.     (R.  S.  1894,  §  5875;  R,  S.  1897,  §  6291.) 

49.  Failure  to  report— Embezzlement.    10.    Any  County 
School  Superintendent,  or  Trustee  of  any  Township,  or  member 
of  any  School  Board  in  this  State,  who  shall  fraudulently  fail 
or  refuse,  at  the  expiration  of  the  term  for  which  he  was  elected 
or  appointed,  or  at  any  time  during  such  term,  when  legally 
required  by  the  proper  person  or  authority  to  account  for  and 
deliver  and  pay  over  to  such  person  or  persons  as  may  be  law- 
fully entitled  to  receive  the  same,  all  moneys,  or  school  books 


78  SCHOOL   LAW   OF   INDIANA. 

which  may  come  into  his  hands  by  virtue  of  the  provisions  of 
law,  shall  be  deemed  guilty  of  embezzlement,  and  upon  convic- 
tion thereof  shall  be  imprisoned  in  the  State  prison  not  more 
than  five  nor  less  than  one  year,  and  fined  in  any  sum  not  ex- 
ceeding one  thousand  dollars,  and  rendered  incapable  of  holding 
any  office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1894,  §5876;  R.  S.  1897,  §'6292.) 

50.  Books  to  be  uniformly  used.     11.    The  books  which 
have  been,  or  may  hereafter  be,  adopted  by  the  State  of  Indiana 
for  use  in  its  common  schools  by  virtue  of  this  act,  or  the  act 
mentioned  in  section  one  hereof,  shall  be  uniformly  used  in  all 
the  common  schools  of  the  State,  in  teaching  the  branches  of 
learning  treated  of  in  such  books,  ajid  it  shall  be  the  duty  of 
the  proper  school  officers  and  authorities  to  use  in  such  schools 
such  books  for  teaching  the  subjects  treated  in  them.     (R,  S. 
1894,  §  5877 ;  R.  S.  1897,  §  6293.) 

51.  Duty  of  Contractor.     12.     It  shall  be  the  duty  of  any 
person  or  persons,  firm  or  corporation,  who  shall  hereafter  fur- 
nish and  supply  books  under  the  provisions  of  this  act,  or  under 
the  provisions  of  the  act  of  1889,  title  whereof  is  set  out  in  the 
first  section  of  this  act,  to  ship  to  and  notify  the  consignee  of 
such  shipment,  and  deliver  the  books  ordered  by  the  various 
County  Superintendents,  at  such  railway  stations  as  may  be 
most  convenient  for  the  various  Township  Trustees  or  School 
Boards  in  the  several  counties  to  receive  the  same  as  may  be 
directed  by  the  said  County  Superintendent.     And  in  preparing 
such  books  for  such  shipment,  it  shall  be  the  duty  of  ever}' 
such  contractor  to  wrap  each  several  kind  of  books  by  them- 
selves in  packages  of  not  to  exceed  five  or  ten  books,  according 
to  their  size,  each  such  package  to  be  securely  wrapped  in  good 
substantial  paper  of  sufficient  weight  to  protect  the  books  en- 
closed therein,  and  to  be  closed  at  each  end  thereof,  and  each 
package  to  have  plainly  and  clearly  marked  or  printed  on  the 
outside  thereof  the  kind  and  number  of  books  contained  there- 
in, and  as  many  of  such  packages  shall  be  enclosed  in  large 
packages  or  boxes  as  may  be  safe  and  convenient  for  shipment. 
And  upon  the  receipt  of  such  books  it  shall  be  the  duty  of  each 
Township  Trustee  or  School  Board  to  carefully  care  for 


SCHOOL   LAW   OF   INDIANA.  79 

protect  such  books  until  sold,  and  to  preserve  the  same  in  the 
original  packages  in  which  they  are  wrapped  without  opening, 
until  all  copies  of  the  same  books  heretofore  received  by  him 
or  it  have  been  sold,  and  thereafter  not  to  open  any  such  pack- 
age until  all  copies  contained  in  packages  previously  opened 
have  been  sold:  Provided,  If,  upon  the  opening  of  any  such 
package,  any  Township  Trustee  or  School  Board  shall  discover 
that  any  of  the  books  therein  contained  have  been  damaged,  or 
are  defective  at  the  time  of  their  receipt  by  him,  or  it,  so  as  to 
be  unsalable,  he,  or  it,  shall  not  be  required  to  offer  the  same 
tor  stile,  but  in  such  an  event,  he,  or  it,  shall  immediately  notify 
the  County  Superintendent  of  such  damaged  or  defective  book 
or  books,  who  shall  immediately  thereafter  give  notice  thereof 
to  the  contractor  furnishing  the  same,  and  thereafter  such  dam- 
i  or  defective  book  or  books  shall  be  subject  to  the  order  of 
the  contractor.  (R.  S.  1894,  §5878;  R,  S.  1897,  §6294.) 

52.  Name  and  price  of  books  on  cover.    13.    It  shall  be 
the  duty  of  any  person  or  persons,  firm  or  corporation  who  may 
hereafter  furnish  and  supply  books  under  the  provisions  or  this 
statute,  or  of  the  act  of  1889,  the  title  whereof  is  set  out  in  the 
first  section  of  this  act,  to  print  in  large  letters  upon  the  out- 
side of  the  first  cover  of  each  book  so  furnished  and  supplied 
by  him  or  them,  the  name  of  the  adopted  book,  and  upon  the 
outside  of  the  back  cover  the  price  at  which  such  book  is  fur- 
nished to  be  sold  to  pupils,  under  such  contract,  and  it  shall  be 
the  duty  of  all  County  Superintendents,  Township  Trustees, 
and  other  school  officers  and  school  teachers,  to  see  that  all 
books  so  furnished  to  pupils,  and  bought  by  pupils  for  use  in 
the  schools  of  the  State  shall  bear  such  imprint:     Provided, 
This  section  shall  not  apply  to  copy  books.     (R,  S.  1894,  §  5879 ; 
R.  S.  1897,  §  6295.) 

53.  State  Superintendent's  duty.    14.    It  shall   be   the 
duty  of  the  Superintendent  of  Public  Instruction  to  cause  to  be 
]  triii ted,  at  the  expense  of  the  printing  fund,  and  to  send  to 
eaeh  of  the  County  Superintendents,  as  soon  as  possible  after 
the  passage  thereof,  a  sufficient  number  of  copies  of  this  act  to 
provide  such  Superintendent  and   each  Townshp  Trustee  and 
each  member  of  the  School  Board  in  such  county  with  one  copy 


80  SCHOOL   LAW   OF   INDIANA. 

of  such  act.  Each  County  Superintendent  shall,  at  once,  upon 
the  receipt  of  the  copies  intended  for  his  county,  mail,  or  other- 
wise deliver,  to  each  Township  Trustee  and  member  of  a  School 
Board  in  his  county  a  copy  of  this  act.  (II.  S.  1894,  §  5880 ;  R. 
S.  1897,  §6296.) 

54.  Act  supplemental.     15.     Nothing  in  this  act  shall  be 
construed  to  in  anywise  affect  the  act  mentioned  in  section  one 
of  this  act,  and  the  two  acts  shall  be  regarded  as  each  supple- 
menting the  other,  except  where  this  act  shall  provide  a  differ- 
ent procedure  from  the  first  act,  in  which  case  the  provisions  of 
this  act  shall  govern.     Nothing  in  this  act  shall  be  construed 
as  affecting  or  impairing  any  contract  right  secured  by  any  con- 
tractor under  the  act  mentioned  in  section  one  of  this  act,  but 
all  such  contracts  are  hereby  declared  to  be,  and  are  hereby 
made,  binding  upon  the  State  to  the  same  extent  as  they  would 
have  been  had  this  act  not  been  passed.     (R.  S.  1894?  §  5881 ; 
R.  S.  1897,  §  6297.) 

[1893,  p.  165.    Approved  and  in  force  March  1, 1893.] 

55.  Contractors  to  file  consent.     1.     Whenever  the  con- 
tractors, or  either  of  them,  to  the  extent  that  they  might  be 
affected  in  their  contract  rights  under  prior  laws,  to  wit :     An 
act  entitled  "  An  act  entitled  an  act  to  create  a  Board  of  Com- 
missioners for  the  purpose  of  securing,  for  use  in  the  common 
schools  of  the  State  of  Indiana,  of  a  series  of  text  books,  defin- 
ing the  duties  of  certain  officers  therein  named  with  reference 
thereto,  making  appropriations  therefor,  defining  certain  fel- 
onies and  misdemeanors,-  providing  penalties  for  the  violation 
of  the  provisions  of  said   act,  4  repealing  all  laws  in  conflict 
therewith  and  declaring  an  emergency,' "  passed  by  the  General 
Assembly  of  the  State  of  Indiana  in  the  year  1889,  and  pub- 
lished on  page  74  of  the  acts  of  1889 ;  and  an  act  supplemental 
thereto  and  upon  the  same  general  subject,  approved  March  5, 
1891,  shall  have  filed  with  the  State  Superintendent  of  Public 
Instruction  an  agreement  in  writing,  duly  executed  by  them,  or 
either  of  them  separately,  consenting  to  the  operation  of  this 
act,  as  affecting  the  sale  of  school  b^oks  furnished  by  them, 
under  contract  with  the  State  pursuant  to  the  provisions  of  ex- 
isting laws,  it  shall  then  be  lawful  for,  and  it  is  hereby  made 


SCHOOL    LAW    OF    INDIANA.  81 

the  duty  of,  the  Township  Trustees  and  School  Boards  of  this 
State,  to  sell,  for  cash,  to  all  merchants  and  dealers  who  may 
apply  therefor,  and  in  such  quantities  as  they  may  require,  a 
sufficient  number  of  adopted  school  books,  furnished  by  the 
contractor  or  contractors,  so  consenting,  to  supply  all  demands 
of  school  patrons  and  pupils  attending  the  common  schools  and 
residing  in  their  immediate  neighborhoods,  respectively;  which 
books  shall,  in  no  event,  be  sold  to  school  patrons  or  pupils,  by 
such  merchants  or  dealers,  at  a  price  in  excess  of  the  price  fixed 
in  the  contract  for  such  books  between  the  State  Board  of 
School  Book  Commissioners  and  such  contractor.  In  making 
such  sales,  the  Township  Trustee  and  School  Boards  shall  be 
authorized,  and  it  is  hereby  made  their  duty  to  deduct  ten  per 
cent,  from  the  contract  price  at  which  such  books  are  required 
by  law  to  be  sold  to  the  school  patrons  and  school  children  of 
the  State,  to  compensate  the  dealer  for  handling  and  selling 
such  books ;  one-half  of  which  deduction  shall  be  borne  by  the 
contractor  and  one-half  thereof  by  such  school  corporation. 
And  hereafter  no  adopted  books  shall  be  delivered  or  sold  to 
merchants  or  dealers  by  any  County  School  Superintendent, 
Township  Trustee  or  School  Board,  except  upon  the  terms  and 
conditions  hereinbefore  specified.  (R.  S.  1894,  §5882;  E,  S. 
1897,  §  6298.) 

56.    Sale  to  Merchants  or  Dealers— Trustee's  Report. 

2.  When  sale  shall  be  made  of  any  books  by  any  Township 
Trustee  or  School  Board  to  any  merchant  or  dealer,  pursuant 
to  the  provisions  of  section  one  of  this  act,  it  shall  be  the  duty 
of  such  Trustee  or  School  Board,  at  the  end  of  such  calendar 
month,  to  make  a  report  thereof  to  the  County  School  Superin- 
tendent of  the  number  and  kind  of  books  sold,  and  the  amount 
of  money  received  therefor,  and  the  number  and  kind  of  books 
on  hand ;  and  at  the  time  of  making  such  report  to  pay  over  to 
the  County  School  Superintendent  all  money  received  by  him 
or  them  from  any  such  sale  or  sales ;  at  the  time  of  making 
such  report  such  Trustee  or  School  Board  shall  also  pay  to  such 
Superintendent,  for  transmission  to  the  contractor,  the  one-half 
of  the  amount  of  the  deduction  in  the  price  of  the  books  so 
sold,  which  last  amount  shall  be  paid  out  of  and  charged  to  the 
special  school  fund  of  such  school  corporation;  and  for  such 

6— Sen.  LAW. 


82  SCHOOL    LAW    OF    INDIANA. 

amount  the  said  Trustee  or  School  Board  shall  take  the  receipt 
of  such  Superintendent.  And  in  their  reports  to  and  settle- 
ments thereafter  made  with  the  Board  of  Commissioners  of 
their  respective  counties,  the  said  Trustees  and  School  Boards 
shall  be  entitled  to  full  credit  for  the  money  so  paid  out  of  said 
fund  when  such  Superintendent's  receipt  is  tendered  and  filed 
with  such  reports:  Provided,  That  whenever  any  Township 
Trustee  or  School  Board  shall  have  sold  all  hooks  ordered  by 
him  or  them,  or  in  his  or  their  hands  for  sale  to  merchants  or 
dealers,  as  herein  provided,  they  shall  not  be  required  to  make 
quarterly  reports,  as  now  provided  by  law.  (R.  S.  1894,  §  5883 ; 
R.  S.  1897,  §  6299.) 

57.  Officers  to  supply  sufficient  books.     3.    It  shall  be 
the  duty  of  County  School  Superintendents,  Township  Trustees 
and  School  Boards  to  see  that  at  all  times  there  are  sufficient 
number  of  books  on  hand,  either  in  the  hands  of  such  Superin- 
tendents, Trustees  or   School  Boards    respectively,  or   in   the 
hands  of  the  dealers  in  the  different  neighborhoods  of  their  re- 
spective school  corporations,  to  supply  the  patrons  and  pupils 
of  the  common  schools  with  all  needed  books ;  and  nothing  in 
this  act  shall  be  construed  so  as  to  relieve  them  from  any  of  the 
duties  now  imposed  by  law  in  this  respect.     (R.  S.  1894,  §  5884 : 
R.  S.  1897,  §  6300.) 

58.  Duty  of  merchants  and  dealers.    4.    It  shall  be  the 
duty  of  all  merchants  or  dealers  who  may  be  supplied  with  books 
by  virtue  of  the  provisions  of  this  act  to  furnish  the  Township 
Trustee  or  School  Board  of  whom  such  books  may  have  been 
purchased  and  received  with  a  detailed  statement  of  the  number 
of  books  of  each  kind  on  hand  on  the  fifteenth  day  of  May  of 
each  year,  and  at  such  other  times  during  the  year  as  the  same 
may  be  called  for  by  such  Trustee  or  School  Board ;  and  any 
merchant  or  dealer  who  shall  refuse  for  the  period  of  five  days 
after  request  to  do  so,  by  any  Trustee  or  School  Board  entitled 
to  receive  the  same,  to  furnish  such  statement  as  above  provided, 
shall  not  be  entitled  thereafter  to  purchase  or  sell  any  school 
books  under  the  provisions  of  this  act.     And  upon  the  receipt 
of  any  such  report  it  shall  be  the  duty  of  such  Trustee  or  School 
Board  to  forthwith  transmit  a  copy  thereof  to  the  County  School 


SCHOOL    LAW   OF    INDIANA.  83 

Superintendent,  who  shall,  within  ten  days  after  the  receipt  of 
any  such  report,  transmit  a  copy  thereof  to  the  contractor,  for 
which  reports  the  contractor  shall  furnish  the  necessary  blanks. 

(R,  S.  1894,  §  5885 ;  R.  S.  1897,  §  6301.) 

59.  County  Superintendent  to  make  report.    5.    It  shall 
he  the  duty  of  each  County  School  Superintendent  in  this  State, 
within  ten  days  after  receiving  any  report  or  money  on  account 
of  the  sale  of  any  books,  from  any  Trustee  or  School  Board  of 
his  county,  as  hereinbefore  provided,  to  make  a  full,  true  and 
verified  report  to  the  contractor  of  the  number  and  kind  of 
books  so  sold  by  the  several  Township  Trustees  or  School  Boards 
of  his  county,  and  of  the  number  and  kind  of  books  on  hands 
with  the  said  school  officers  and  himself,  which  report  shall  be 
accompanied  by  all  cash  received  by  him  from  such  Trustees  or 
School  Boards  on  account  of  such  sales ;   and  he  shall  file  a 
duplicate  thereof  in  the  office  of  the  Auditor  of  his  county.    The 

^sary  blanks  for  which  reports  shall  be  furnished  by  the 
contractor.  (R.  S.  1894,  §  5886 ;  R.  S.  1897,  §  6302.) 

60.  Officers  failing  to  report — Right  of  action.    6.   Upon 
failure  of  any  Township  Trustee,  School  Board  or  County  School 
Superintendent  to  perform  any  duty  or  to  make  report  of  any 
cash  received  by  him  or  them,  a&  required  by  the  provisions  of 
this  act,  a  right  of  action  shall  immediately  accrue  to  the  con- 
tractor against  the  said  officer  so  in  default,  and  the  sureties 
upon  his  official  bond,  for  an  accounting  and  for  the  recovery  of 
any  money  received  and  not  transmitted  by  him  or  them,  and 
for  any  damage  which  may  have  resulted  from  his  or  their  rieg- 

or  failure  to  comply  with  the  provisions  of  this  act;  and 
any  judgment  in  favor  of  the  contractor  in  any  such  action  shall 
include  a  reasonable  fee  for  the  attorney  prosecuting  the  suit, 
and  such  judgment  shall  be  collectible  without  relief  from  valu- 
ation and  appraisement  laws,  and  shall  be  without  stay  of  execu- 
tion. (R.  S.  1894,  §  5887 ;  II.  S.  1897,  §  6303.) 

61.  Failure  to  report  at  expiration  of  term— Embezzle- 
ment.    7.     Any    County    School    Superintendent,    Township 
Trustee  or  member  of  any  School  Board  of  this  State  who  shall 
fraudulently  fail  or  refuse,  at  the  expiration  of  the  term  for 
which  he  was  elected  or  appointed,  or  at  any  time  during  such 


84  SCHOOL   LAW   OF   INDIANA. 

term,  when  legally  required  by  the  proper  person  or  authority, 
to  account  for  and  pay  over  to  such  person  or  persons  as  may 
be  lawfully  entitled  to  receive  the  same,  all  money  or  school 
books  not  previously  accounted  for,  which  may  have  come  into 
his  hands  by  virtue  of  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  embezzlement,  and  upon  conviction  thereof, 
shall  be  imprisoned  in  the  State  Prison  not  more  than  five  years 
nor  less  than  one  year,  and  fined  in  any  sum  not  exceeding  one 
thousand  dollars  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (R.  S.  1894, 
§5888;  R.  S.  1897,  §  6304.) 

62.  Sale  for  more  than  contract  price  a  misdemeanor.   8. 

Any  merchant  or  dealer  who  shall  knowingly  or  willfully  charge, 
receive,  collect  or  attempt  to  charge  or  collect,  for  any  school 
book  or  books  by  him  sold  to  any  school  patron  or  pupil,  any 
sum  in  access  of  the  price  at  which  such  book  or  books  are 
required  to  be  sold  by  law,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  imprisoned  in  the 
county  jail  not  more  than  six  months  nor  less  than  thirty  days, 
and  fined  in  any  sum  not  exceeding  five  hundred  dollars.  (R.  S. 
1894,  §  5889;  R.  S.  1897,  §  6305.) 

63.  Contractors  to  file  consent  for  revision  of  books.    9. 

Whenever  the  contractors  for  furnishing  books  for  use  in  the 
common  schools,  under  the  provisions  of  existing  laws  herein- 
before specified,  shall  have  filed  with  the  State  Superintendent 
of  Public  Instruction  their  consent,  in  writing,  to  the  revision 
or  the  introduction  of  an  intermediate  book,  as  hereinafter  pro- 
vided, duly  executed  by  them,  and  the  State  Board  of  School 
Book  Commissioners  shall  determine  that  a  revision  is  needed 
of  any  or  all  of  the  books  in  use  in  the  common  schools  under 
contract  made  pursuant  to  law,  or  that  an  intermediate  gram- 
mar or  language  lessons  is  needed,  then  it  shall  be  lawful  for 
the  State  Board  of  School  Book  Commissioners  to  order  a 
revision  to  be  made  of  any  or  all  of  such  books  as  in  their 
judgment  may  be  found  necessary  for  the  welfare  of  the  common 
schools  of  the  State,  in  the  manner  and  under  the  conditions 
following : 

The  said  Board  of  School  Book  Commissioners  shall  select  a 
competent  author  or  authors  to  perform  the  work  of  revision 


SCHOOL   LAW   OF   INDIANA.  85 

>f  the  subject-matter  of  such  book  or  books  so  ordered  to  be 
Devised.  The  entire  cost  of  such  revision,  including  the  manu- 
script, illustrations,  engravings,  maps  and  plates  therefor,  shall 
be  paid  by  the  contractor  or  contractors  who  may  at  the  time 
of  such  revision  be  required  to  furnish  such  book  or  books 
under  their  contract  with  the  State.  The  cost  and  expense, 
however,  of  such  revision  shall  first  be  agreed  upon  by  the  State 
Board  of  School  Book  Commissioners  and  the  contractor  or 
contractors  before  such  work  of  revision  is  commenced  :  Pro- 
ruled,  If  said  Board  and  contractor  or  contractors  shall,  for  a 
period  of  sixty  days  after  an  estimate  of  the  cost  of  any  pro- 
posed revision  has  been  furnished  by  such  State  Board  to  the 
contractor,  be  unable  to  agree  upon  an  amount,  which  in  the 
opinion  of  such  State  Board  would  be  necessary  to  cover  the 
cost  of  any  such  revision,  then  the  said  State  Board  may  adver- 
tise for  bids  from  publishers  of  school  books  for  furnishing  any 
such  book  or  books,  the  cost  of  revision  of  which  could  not  be 
agreed  upon ;  and  in  such  advertisement,  selecting  and  contract- 
ing for  such  book  or  books,  the  said  Board  shall  be  governed 
by  the  provisions  of  laws  now  in  force  respecting  such  matters* 
(R.  S.  1894,  §  5890;  R.  S.  1897,  §  6306.) 

64.  Author  to  revise— County  and  State  Superintend- 
ent to  scale  requisition.  10.  Whenever  the  revision  of  any 
book,  or  series  of  books,  shall  be  determined  upon  by  the 
State  Board  of  School  Book  Commissioners,  and  they  shall 
have  contracted  with  an  author  or  authors  to  furnish  the  man- 
uscript for  such  revision,  sufficient  time  shall  be  given  to  the 
author  in  which  to  perform  the  work  of  revising  the  subject 
matter  of  such  book  to  the  acceptance  and  satisfaction  of  such 
Board,  and  when  the  revision  of  the  subject  matter  of  any  such 
book  is  completed  by  the  author  and  the  manuscript  thereof 
furnished  to  the  contractor,  at  least  six  months'  time  shall  be 
given  the  contractor  in  which  to  make  the  necessary  illustra- 
tions, engravings,  maps  and  plates,  manufacture  and  ship  the 
books  to  the  various  school  corporations  of  the  State  before  any 
such  contractor  shall  be  required  to  furnish  any  such  book,  or 
series  of  books,  so  revised  for  use  in  the  schools  of  the  State 
under  his  contract.  And  no  new  book,  or  revised  book,  or 
series  of  books,  shall  be  introduced  for  use  in  the  schools  of  the 


86  SCHOOL   LAW   OF   INDIANA. 

State,  at  any  time,  by  virtue  of  the  provisions  of  this  act,  until 
the  State  Board  of  School  Book  Commissioners  shall  have 
given  notice  to  the  County  Superintendents,  Township  Trustees 
and  School  Boards  of  the  State,  by  printed  notice  mailed  to 
each  of  said  school  officers,  last  above  named,  at  least  twelve 
months  in  advance  of  the  time  when  such  book,  or  series  of 
books,  are  to  be  used  in  the  public  schools,  and  like  notice  shall 
be  given  by  said  County  Superintendents,  Trustees  and  School 
Boards  to  all  merchants  and  dealers  in  their  respective  school 
corporations,  who  may  be  selling  the  adopted  books.  And  it 
shall  be  the  duty  of  the  State  Superintendent  of  Public  Instruc- 
tion and  the  County  Superintendents  of  each  county  to  scale 
down  to  the  minimum  number  all  requisitions  for  school  books, 
which  may  be  made  after  such  notice  is  given,  thereby  enabling 
all  Township  Trustees,  School  Boards,  and  dealers,  to  dispose 
of  the  stock  of  books  in  their  hands ;  but  no  dealer  shall  buy 
or  carry  on  hand,  at  any  time,  more  books  than  are  actually 
needed  to  supply  the  demands  therefor,  for  the  purpose,  or  with 
the  intent,  of  preventing  the  introduction  of  any  new  or  re- 
vised -book,  according  to  the  spirit  of  this  act.  And  for  the 
purpose  of  enabling  the  State  Superintendent  of  Public  Instruc- 
tion to  determine  when  any  requisitions  should  be  scaled  down 
in  anticipation  of  the  expiration  of  any  existing  contract,  it 
shall  be  the  duty  of  the  contractor  to  furnish  to  said  State  Su- 
perintendent a  copy  of  the  quarterly  verified  reports  made  by 
County  Superintendents  to  the  contractor,  giving  the  number 
and  kind  of  books  on  hand  with  the  various  dealers  and  Town- 
ship Trustees  and  School  Boards  of  their  respective  counties ; 
and  at  the  expiration  of  such  notice  such  book  or  books  shall 
only  be  required  to  be  introduced  in  the  schools  as  new  classes 
in  the  study  of  such  branches  are  being  formed,  and  all  classes 
in  such  study,  or  studies,  who,  at  the  time  of  the  expiration  of 
the  term  of  such  notice,  shall  have  purchased  books  for  use  in 
such  classes,  shall  be  allowed  time  to  complete  such  books  be- 
fore being  compelled  to  buy  new  or  revised  books.  And  at  the 
expiration  of  any  contract  now  in  existence,  or  which  may 
hereafter  be  made  by  the  State  Board  of  School  Book  Commis- 
sioners, for  furnishing  books  for  use  in  the  common  schools  of 
the  State  of  Indiana,  the  books  then  in  use  in  the  common 
schools  of  this  State  under  such  contract  or  contracts  shall  be 


SCHOOL    LAW   OF    INDIANA.  87 

continued  in  use  therein  at  the  same  price  and  upon  the  same 
terms  and  conditions  until  such  time  or  times  as  the  State 
Board  of  School  Book  Commissioners  shall  determine  that  a 
revision  thereof  is  necessary  for  the  best  interests  of  the  schools, 
when  such  revision  shall  be  made,  or  a  new  book  contracted  for 
and  introduced  for  use  in  the  schools  as  hereinbefore  specified: 
JVo/'/VW,  That,  at  the  expiration  of  any  such  contract,  the  State 
Board  of  School  Book  Commissioners  shall  require  such  con- 
tractoo  or  contractors  furnishing  such  books  to  execute  a  new 
bond,  conditioned  that  they  will  continue  to  execute  such  con- 
tra<-t  in  all  regards  as  they  had  theretofore  executed  the  origi- 
nal contract :  Provided,  further.  That  nothing  herein  contained 
shall  be  construed  as  restraining  or  preventing  said  State  Board 
of  School  Book  Commissioners,  after  any  such  school  book,  or 
any  such  revised  book,  shall  have  been  in  use  in  the  schools  of 
th.  State  for  a  period  of  five  years,  from  proposing  to  the  con- 
tractor furnishing  the  same,  such  reduction  in  the  price  at  which 
such  book  or  revised  book  shall  be  continued  in  use  in  the  schools 
for  the  next  ensuing  five  years,  as,  in  the  judgment  of  said  board,. 
may  seem  reasonable.  If  such  contractor  shall  accede  to  such 
proposed  reduction,  then  the  price  of  such  book  or  revised  book 
shall,  for  such  ensuing  period  of  five  years,  be  fixed  at  the  orig- 
inal contract  price  thereof,  less  the  amount  of  the  reduction  so 
agreed  upon,  and  such  price  shall  be  printed  on  the  back  of 
said  book,  as  now  required  by  law*.  In  event  said  contractor 
shall  not  be  willing  to  accede  to  such  terms,  the  said  board  may 
appoint  a  disinterested  person,  conversant  with  such  matters, 
and  require  the  said  contractor  to  select  another  such  person, 
and  the  two  so  chosen  shall  select  a  third,  and,  thereupon,  the 
three  so  chosen  shall  inquire  into  and  consider  what,  if  any, 
reduction  ought  to  be  made  in  the  price  at  which  such  book  or 
revised  book  should  be  furnished  for  use  in  the  schools  of  the 
State  for  the  next  ensuing  period  of  five  years,  and  if  they  shall 
determine  that  any  such  reduction  ought  to  be  made,  they  shall 
fix  the  amount  of  such  reduction,  and  shall  certify  to  the  said 
board  and  to  such  contractor  their  determination  in  that  behalf, 
and  thereupon,  if  said  contractor  shall  accede  to  the  price  thus 
arrived  at,  the  price  of  said  book  for  the  next  ensuing  five 
years  shall  be  fixed  at  that  sum,  and  the  same  shall  be  printed 
on  the  back  of  such  books,  as  now  provided  by  law,,  and  said 


SCHOOL    LAW    OF    INDIANA. 

contractor  shall  be  required  to  furnish  the  same  at  such  price ; 
but  otherwise,  in  all  regards  under  the  provisions  of  this  act 
and  acts  to  which  it  is  supplemental.  But  if  such  contractor 
shall  decline  to  accede  to  such  price  thus  arrived  at,  then  such 
board  shall  have  the  right,  in  their  discretion,  to  proceed  to 
advertise  for  bids  to  furnish  a  book  in  the  place  thereof;  and, 
in  so  doing,  and  in  all  subsequent  steps  therein,  they  shall  pro- 
ceed in  accordance  with  the  provisions  of  this  act  and  of  the 
acts  to  which  it  is  supplemental:  And,  provided  farther,  That 
nothing  in  this  act  contained  shall  be  construed  to  prevent  the 
State  Board  of  School  Book  Commissioners  from  exercising 
their  discretion  in  deciding  whether  they  shall  order  any  of  the 
books  already  in  use  under  contract  to  be  revised,  or  whether, 
instead,  they  shall  advertise  for  books  to  be  adopted  instead  of 
said  books  already  in  use.  (R.  S.  1894,  §5891;  R.  S.  1897, 
§6307.) 

65.    Intermediate  grammar  or  Ia*nguage  lessons.    11.    If, 

in  the  opinion  of  the  State  Board  of  School  Book  Commission- 
ers, an  intermediate  grammar  or  language  lessons  is  needed  for 
the  better  teaching  of  such  branch  of  study,  instead  of  a  revision 
of  the  series  of  grammars  now  in  use,  it  shall  then  be  lawful  for 
such  board  to  provide  for  such  intermediate  book,  and  for  that 
purpose  shall  proceed,  as  now  provided  by  law,  to  advertise  for 
proposals  to  furnish  such  book,  requiring  bond  in  such  sum  as 
they  deem  sufficient  to  insure  the  compliance  with  such  pro- 
posals, consider  such  proposals  and  contract  for  such  book : 
Provided,  however,  That  such  intermediate  grammar  shall  be 
equal  in  quality  as  to  material,  style  of  binding  and  mechanical 
execution  to  Long's  Lessons  in  English,  and  in  subject  matter 
shall  embrace  not  less  than  110  pages,  and  shall  be  adapted  to 
follow  in  sequence  to  that  of  the  Language  Lessons  book  of  said 
series  now  in  use,  and  to  be  properly  introductory  to  the  matter 
contained  in  the  complete  book  of  the  series  as  now  adopted ; 
and  if  revision  of  the  grammar  now  in  use  should  be  determined 
upon  by  the  State  Board  of  School  Book  Commissioners,  then 
such  modification  shall  be  made  of  each  or  either  of  the  books 
now  constituting  said  course  in  grammar  as  shall  adapt  them 
more  perfectly  to  use  in  the  same  series,  and  as  shall  cover  more 
perfectly  the  entire  subject  matter  necessary  to  a  complete  edu- 


SCHOOL    LAW    OF    INDIANA.  89 

cation  in  this  branch  of  learning.  And  said  intermediate  gram- 
mars shall  not  he  sold  to  patrons  or  pupils  of  the  public  schools 
of  this  State  at  a  price  above  or  in  excess  of  twenty  cents  each. 
(R.  S.  1894,  §5892;  E.  S.  1897,  §6308.) 

66.  State  Board  to  meet— Notice.     12.    For  the  purpose 
of  determining'  what  book  or  books,  if  any,  may  need  revision, 
or  whether  an  intermediate  grammar  is  needed,  the  State  Board 
of  School  Book  Commissioners  shall  meet  on  the  first  Monday 
of  April,  1893,  and  shall  then  and  there  make  such  inquiry  and 
examination  of  books  then  in  use  under  contract  with  the  State 
as  shall  enable  them  to  determine  upon  the  propriety  of  ordering 
any  such  revision  or  intermediate  book  or  Language  Lessons. 
And  such  Board  shall,  within  sixty  days  thereafter,  determine 
and  give  notice  to  the  contractors  of  any  and  all  revisions  that 
shall  be  required  to  be  made  before  the  time  of  the  expiration 
of  the  existing  contract  for  any  such  book  or  books.     (R.  S. 
1894,  §  5893 ;  R.  S.  1897,  §  6309.) 

[1901,  p.  489.    Approved  March  11, 1901.    In  force  May,  1901.] 

67.  Frequency  of  revision— Geographies.    13.    In  no  case 
shall  a  revision  of  any  book  or  books,  nor  shall  any  intermedi- 
ate grammar  or  Language  Lessons  or  any  other  book,  except  his- 
tories  and  geographies,  under  this  or  any  other  law  of  this 
State,  be  required  by  the  State  Board  of  School  Book  Commis- 
sioners oftener  than  every  five  years. 

[1893,  p.  165.    Approved  and  in  force  March  1, 1893.1 

68.  Standard  of  revision— Contractor's  bond.    14.  When- 
ever any  book  or  series  of  books  shall  be  revised  by  order  of 
the  State  Board  of  School  Commissioners  such  book  or  books 
when  completed  and  ready  for  use  in  the  schools,  shall  be  equal 
in  every  respect  to  the  standard  now  fixed  by  law,  as  to  subject 
matter,  material,  style  of  binding,  and  mechanical  execution. 
And  said  State  Board,  when  contracting  for  any  such  revision, 
shall  require  the  contractor  or  contractors  to  enter  into  a  writ- 
ten agreement  for  the  furnishing  of  such  books,  and  to  execute 
bond  with  resident  freehold  sureties  to  the  acceptance  of  the 
Governor  of  this  State  for  the  faithful  compliance  with  their 
contract,  such  bond  to  be  in  such  amount  as  said  board  shall 


90  SCHOOL  LAV;  OF  INDIANA. 

deem  sufficient  for  the  purposes   contemplated.     (R.  S.  1894, 

§  5895 ;  R.  S.  1897,  §  6311.) 

69.  Appropriation,     15.     The  sum  of  one  thousand  dollars 
is  hereby  appropriated  out  of  any  funds  in  the  State  Treasury 
not  otherwise  appropriated  for  the  purpose  of  paying  costs  and 
expenses  incident  to  the  giving  of  notices  herein  provided  for 
hy  said  State  Board  of  School  Book  Commissioners,  and  to  pay 
the  expenses  of  the  State  Superintendent  of  Public  Instruction 
incurred  in  the  distribution  of  this  act,  and  of  the  acts  to  which 
this  is  supplemental,  as  herein  required,  and  to  carry  out  the 
provisions  of  this  act.     (R.  S.  1894,  §  5896 ;  R.  S.  1897,  §  6312.) 

70.  New  bond.     16.     If  at  any  time  the  State  Board  of 
School  Book  Commissioners  shall  find  that  the  bond  of  any 
contractor,  contracting  to  furnish  books  for  use  in  the  common 
schools  of  the  State  of  Indiana,  under  this  act,  or  the  acts  to 
which  it  is  supplemental,  has  become  insufficient  to  secure  the 
faithful  performance  of  such  contract,  or  from  any  other  reason 
become  inoperative,  they  shall  have  the  right  to  require  such 
contractor  to  execute  a  new  and  sufficient  bond  to  secure  the 
faithful  execution  of  such  contract.     And  upon  failure  of  any 
such  contractor  to  furnish  such  new  bond  within  thirty  days 
after  being  so  required  by  said  board,  the  said  board  shall  give 
notice  thereof  to  the  Attorney-General  of  the  State  of  Indiana, 
who  shall  immediately  upon  receipt  of  such  notice  bring  suit  to 
procure  the  cancellation  of  such  contract  of  such  contractor  so 
refusing.     And  service  of  summons  in  such  cause   upon  the 
agent  of  such  contractor  in  the  State  of  Indiana  shall  be  deemed 
and  held  to  be  sufficient  service  upon  the  contractor;  and  in 
such  case  the  Attorney-General  shall  receive  a  reasonable  fee 
for  the  prosecuting  of  such  action.     (R.  S.  1894,  §  5897;  R.  S. 
1897,  §  6313.) 

71.  State  Superintendent's  duty.    17.  It  shall  be  the  duty 
of  the  State  Superintendent  of  Public  Instruction,  immediately 
upon  the  passage  of  this  act,  to  cause  to  be  printed  a  sufficient 
number  of  copies  thereof,  as  well  also  of  the  acts  referred  to  in 
the  first  section  hereof,  to  furnish  each  County  Superintendent, 
School  Trustee  and  member  of  School  Boards  in  the  State  of 


SCHOOL    LAW    OF    INDIANA. 


91 


Indiana,  with  one  copy  thereof,  and  promptly  to  distribute  the 
same  to  such  school  officers  through  the  County  Superintend- 
ents. (II.  S.  1894,  §  5898 ;  R.  S.  1897,  §  (5314.) 

72.  Act  supplemental.  18.  This  act  shall  be  construed 
as  supplementary  to  the  acts  referred  to  in  the  first  section 
hereof,  and  said  former  acts  are  continued  in  full  force  and 
effect,  except  so  far  as  modified  by  the  provisions  of  this  act. 
(R.  S.  1894,  §5899;  R.  S.  1897,  §6315.) 

1.  APPROPRIATION.  In  1899  $1,000  was  appropriated  to  carry  out  the  pro- 
vi>ions  of  the  school  book  law.  Acts  1899,  p.  25.  In  1901  $1,000  was  appropriated 
annually. 


CHAPTER  Y. 


COUNTY  SUPERINTENDENT. 


SEC. 

73.  County  Superintendent. 

74.  Eligibility. 

75.  Impeachment. 

7«>.  Office— Supplies— Compensation. 

77.  Shall  examine  teachers. 

78.  May  revoke  license. 

7'.'.  Examinations — License. 

80.  Record-book— Report  to  State  Superin- 

tendent. 

81.  State  license. 

82.  Exemption  from  examination. 

83.  Record  of  examination. 

84.  Certificate  from  other  State. 


SEC. 

85.  Examination  for  graduation. 

86.  General  duties. 

87.  AVhen  must  enumerate. 

88.  Cities  exempt. 

89.  Annual  reports. 

90.  Apportionment — Report. 

91.  Compensation. 

92.  Duty  as  to  apportionment. 

93.  Duty  as  to  School  Fund. 

94.  Interest  in  private  school,  can  not  have. 

95.  Penalty. 

96.  Duty  of  Prosecuting  Attorney. 


[1899,  p.  240.    Approved  and  in  force  March  3, 1899.] 

73.  County  Superintendent.  1.  The  Township  Trustees 
of  each  county  of  this  State  shall  meet  at  the  office  of  the 
Auditor  of  their  county  on  the  first  Monday  of  June,  1899,  at 
10  o'clock  a.  m.,  and  every  four  years  thereafter,  arid  elect  by 
ballot  a  County  Superintendent  for  their  county.  Such  County 
Superintendent,  unless  sooner  removed,  shall  hold  his  office 
until  his  successor  is  elected  and  qualified.  Before  entering 
upon  the  duties  of  his  office  he  shall  subscribe  and  take  an  oath 
to  perform  faithfully  such  duties  according  to  law,  which  oath 
shall  be  filed  with  the  County  Auditor.  He  shall  also  execute 
a  bond,  with  freehold  security,  to  the  approval  of  the  County 
Auditor,  payable  to  the  State  of  Indiana,  in  the  penal  sum  of 


92  SCHOOL    LAW    OF    INDIANA. 

five  thousand  dollars,  conditioned  upon  the  faithful  discharge  of 
his  duties  according  to  the  law,  and  faithfully  to  account  for 
and  pay  over  to  the  proper  persons  all  moneys  and  property  in 
connection  with  his  duties  under  the  text-book  law  which  may 
come  into  his  hands  by  virtue  of  such  office.  As  soon  as  such 
bond  be  filed,  the  County  Auditor  shall  report  the  name  and 
postoffice  address  of  the  person  so  elected  to  the  State  Superin- 
tendent of  Public  Instruction.  Whenever  a  vacancy  may  occur 
in  the  office  of  County  Superintendent,  the  said  Township  Trus- 
tees, on  at  least  three  days'  notice  given  by  the  County  Auditor, 
shall  assembly  at  10  o'clock  a.  m.  on  the  day  designated  in  such 
notice  at  the  office  of  such  Auditor,  and  fill  such  vacancy  by 
ballot  for  the  unexpired  term.  In  all  elections  of  a  County 
Superintendent  the  County  Auditor  shall  be  clerk  of  such  elec- 
tion and  in  case  of  a  tie  vote,  the  Auditor  shall  cast  the  deciding 
vote.  Such  Auditor  shall  keep  a  record  of  such  election  in  a 
book  kept  for  that  purpose. 

1.  AMENDMENTS  VOID.     The   act  of   March  9,    1875  (Acts  1875,  p.   131), 
attempting  to  amend  this  section,   and  §$79,  86  and  92,  is  unconstitutional  and 
void. — Board  v.  Smith,  52  Ind.  420  ;  State  v.  Harrison,  67  Ind.  71  ;  likewise  in  the 
attempted  amendment  of  1895  (Acts  1895,  p.  208),  Boring  v.  State,  141  Ind.  640. 

2.  QUORUM  FOB  APPOINTMENT.     The  County  Auditor,  not  being  a  member 
of  the  body,  can  not  be  counted  in  determining  whether  or  not  a  quorum  is  pres- 
ent.    An  election  by  less  than  a  quorum  is  void. — State  v.  Porter,  113  Ind.  79 ; 
State  v.  Edwards,  114  Ind.  581. 

3.  MEETING  OF  TRUSTEES.     The  Trustees  may  be  compelled  by  mandamus 
to  meet  and  elect  a  County  Superintendent,  but  they  can  not  be  compelled  to  elect 
a  particular  person  to  the  office.     If  they  fail  to  meet  on  the  proper  day,  they 
may  thereafter  meet  and  elect  such  officer. — Wampler  v.  State,   148  Ind.  557 ; 
Sacket  v.  State,  74  Ind.  486.      State  v.   Harrison,   67  Ind.  71,  is  overruled  by 
Wampler's  case. 

4.  MODE  OF  ELECTION.     The  Auditor  has  a  right  to  act  as  the  clerk  of  the 
Board  of  Election,  keep  a  record  of  the  same,  and  give  the  casting  vote  in  case  of 
a  tie.     The  Trustees  have  the  right  of  controlling  the  manner  of  the  election. 
The  Auditor's  declaring  a  person  elected  does  not  amount  to  anything;  he  has  no 
right  to  make  such  declaration.     It  is  the  duty  of  the  Board  of  Trustees  to  do  that, 
and  until  they  finally  settle  the  matter  a  member  has  a  right  to  vote.     The  appoint- 
ment has  very  few  elements  of  a  popular  election  about  it.     The  law  simply  pro- 
vides that  the  Township  Trustees  shall  appoint,   and   says   nothing   about   the 
manner   in  which  the    appointment  shall  be  made.     Any  mode  that  they  may 
adopt  by  which  they  can  arrive  at  the  expression  of  the  wish  of  the  majority  is 
sufficient  to  designate  the  person  to  be  appointed,  and  there  is  nothing  binding 
until  there  is  a  final  determination  of  the  subject  by  the  Trustees. — State  v.  Kil- 
roy,  86  Ind.  118. 


SCHOOL    LAW    OF    INDIANA.  93 

•">.  WHO  ELIGIBLE.  To  be  eligible  to  the  county  superintendency  a  person 
must  be  a  bona  fide  resident  and  elector  of  the  county. — R.  S.  1881,  §154;  R.  S. 
1894,  £154;  R.  S.  1897,  §154. 

He  must  have  been  an  inhabitant  of  the  county  during  one  year  preceding 
his  appointment,  but  it  is  not  essential  that  he  should  have  been  a  citizen  or 
elector  for  so  long  a  time. — State  v.  Kilroy,  86  Ind.  118. 

6.  DISPUTED  ELECTION.     The  qualifying  of  the  appointee  consists  in   the 
execution  and   acceptance  of  the  required  bond,  and  taking  and  subscribing  the 
oath  of  office.     A  person  who  has  received  the  certificate  of  appointment  and 
taken  the  above  action  is  County  Superintendent,  at  least  de  facto.     If  the  validity 
of  the  appointment  is  disputed,  the  right  to  the  office  may  be  tested  by  a  writ  of 
«y//o  (!•(!. rranto  against  one  of  the  claimants. 

7.  APPEAL  ON  DISMISSAL — SUPERINTENDENT  CAN  NOT  SERVE  WHILE  APPEAL 
is  PENDING.     When  the  Board  of  County  Commissioners  could  remove  a  County 
Superintendent,   an  appeal  lay  to  the  Circuit  Court  from  a  decision  dismissing  a 
Superintendent   from    office.     While  such  appeal  was  pending,  the  person  dis- 
missed could  not  act  as  Superintendent,  but  a  successor  might  be  appointed,  and 
hold  for  the  unexpired  term,  unless  the  person  dismissed  was  reinstated  by  the 
Court.     See  Walls  v.  Palmer,  64  Ind.  493,  and  State  v.  Chase,  41  Ind.  356 ;  J.,  M. 
&  I.  Ry.  v.  McQueen,  49  Ind.  64. 

8.  JUDICIAL  NOTICE.     Courts  take  judicial  notice  of  the  year  in  which  County 
Superintendents  are  to  be  elected.     Wampler  v.  State,  148  Ind.  557. 

9.  LENGTH   OF  TERM.     A   County   Superintendent,    properly   elected   and 
qualified,  hold  his  office  until  his  successor  is   elected  and   qualified. — State  v. 
Button,  99  Ind.  300. 

10.  RECORD  OF  ELECTION.     The  Record  of  a  Superintendent's  election,  made 
by  the  County  Auditor,  is  priina  facie  correct,  and  is  prima  facie  evidence  of  such 
election.— State  v.  Sutton,  99  Ind.  300. 

11.  ELECTION  BY  BALLOT.     In  a  suit  regarding  the  validity  of  an  election 
the  ballots  are  the  best  evidence,  but  when  they  have  been  lost,  it  is  proper  for  the 
jury  or  Court  to  consider  the  testimony  of  Trustees  who  cast  the  ballots,  and  of 
those  who  counted  them  and  announced  the  result. — State  v.  Sutton,  99  Ind.  300. 

12.  ACQUIESCENCE  IN  ELECTION.     Where  the  Trustees  agreed  that  the  elec- 
tion should  be  by  ballot,   adhered  to  that  mode  throughout,  and  at  the  time  the 
result  was  announced  supposed  the  result  was  correctly  announced,  it  was  decided 
by  the  Court  that  an  adjournment  without  an  objection  was  not  an  acquiescence 
in  the  result,  and  that  such  action  did  not  amount  to  an  acquiescence  in  the 
result.     State  v.  Sutton,  99  Ind.  300.     Without,  however,  regard  to  whether  the 
votes  of  a  majority  of  all  the  School  Trustees  are  necessary  to  the  valid  appoint- 
ment of  a  County  Superintendent,  where  such  Trustees  recognize  the  appointment 
as  valid,  and  the  appointee  qualifies  and  enters  upon  the  duties  of  the  office  with 
the  acquiescence  of  all  others,  he  may  compel  his  predecessor  to  deliver  the  rec- 
ords of  the  office  to  him.— McGee  v.  State,  103  Ind.  444. 

13.  MANDAMUS.     Mandamus  is  the  proper  remedy  to  compel  a  Superintend- 
ent to  turn  over  the  records  and  furniture  of  the  office  to  his  successor. — McGee 
v.  State,  103  Ind.  444. 

14.  RESIGNATION.     Where,  without  notice  of  the  withdrawal  of  a  resignation 
previously  made,  the  time  arrives  for  it  to  take  effect,  and  a  successor  to  the  in- 
cumbent is  duly  appointed,  no  formal  acceptance  of  such  resignation  is  necessary 
to  deprive  such  incumbent  of  title  to  the  office. — McGee  v.  State,  103  Ind.  444. 


94  SCHOOL    LAW    OF    INDIANA. 

15.  REGULARITY  OF  APPOINTMENT.     One  can  not  contest  the  regularity  of 
the  appointment  of  a  successor,  who  has  become  invested  with  an  apparent  title, 
by  refusing  to  surrender  the  records  of  the  office. — McGee  v.  State,  103  Ind.  444. 

16.  VOTING  FOR  HIMSELF.     A  Township  Trustee  can  not  vote  for  himself, 
and  if  he  does  his  vote  is  void.      A  failure  of  the  Trustees  voting  for  other  candi- 
dates to  make  further  objections  after  the  presiding  officer  has  announced  the  re- 
sult of  the  election,  can  not  be  taken  to  be  either  an  implied  or  informal  vote  in 
favor  of  the  officer  who  voted  for  himself. — Hornung  v.  State,  116  Ind.  458. 

17.  TRUSTEES  PRESENT  AND  NOT  VOTING.     There  were  eight  Trustees,  all 
there  were  in  the  county,  present.     Four  voted  for  A,  and  the  other  four  declined 
to  vote.     The  chairman  announced  that  the  vote  was  a  tie,  and  the  Auditor  then 
voted  for  A,  and  the  chairman  declared  him  elected.     A  qualified  and  demanded 
the  office.      It  was  decided  that  he  was  duly  elected;  that  there  was  a  quorum 
present;  that  he  received  the  votes  of  all  those  present  and  voting,  which  was  a 
majority  of  the  number  necessary  to  constitute  a  quorum,  and  that  he  received  the 
necessary  number  without  the  vote  of  the  Auditor,  who  would  only  be  entitled  to 
vote  in  case  of  a  tie. — State  v.  Dillon,  125  Ind.  65. 

18.  AUDITOR  VOTING.     Township  Trustees  met  at  the  time  required  by  stat- 
ute; several  ineffectual  votes  were  taken,  and  on  the  last  ballot  one-half  of  the 
Trustees  voted  for  E,  and  the  others  voted  blanks.     A  resolution  wras  then  offered 
declaring  that  E  be  appointed.     The  vote  on  this  resolution  wras  evenly  divided 
for  and  against  it.     The  Auditor  then  gave  a  casting  vote  for  the  resolution  and 
a  certificate  of  election  was  issued  to  E.     It  was  held  that  the  election  of  E  was 
void. — State  v.  Edwards,  114  Ind.  581.     This  case,  however,  has  been  modified  by 
the  decision  in  the  case  cited  in  note  17,  and  it  was  overruled  in  State  v.  McFar- 
land,  149  Ind.  266,  where  it  was  decided  that  the  County  Auditor  is  authorized  to 
give  the  casting  vote  in  case  of  a  tie  in  all  instances,  regardless  of  the  method 
adopted  in  voting.     Now  the  election  must  be  by  ballot. 

19.  FILING  BOND.     Mere  failure  to  file  the  bond  within  the  time  required  by 
law  does  not  render  the  office  vacant. — Board  v.  Johnson,  124  Ind.  145. 

The  Auditor  can  not  refuse  to  approve  the  bond  on  the  ground  that  the  Super- 
intendent was  corruptly  elected. — State  v.  Board,  124  Ind.  554. 

20.  WHEN  MAY  BE  REMOVED.     Formerly  a  County  Superintendent  could 
be  removed  at  a  special  term  of  the  Board  of  County  Commissioners.— Hufford  v. 
Conover,  139  Ind.  151.     But  now  they  must  be  removed  by  impeachment  in  the 
Circuit  Court.— Sec.  75. 

21.  TRUSTEE  INCOMPETENT.     The  election  of  a  County  Superintendent  can 
not  be  declared  illegal  on  the  ground  that  a  Trustee,  whose  vote  he  received,  and 
which  was  necessary  to  his  election,  was  incompetent  to  hold  the  office  of  Trus- 
tee.—State  v.  Crowe,  150  Ind.  455. 

22.  SALE  OF  INTOXICATING  LIQUORS  ON  ELECTION  DAY.     The  statute  does 
not  prohibit  the  sale  of  liquors  on  the  day  a  County  Superintendent  is  elected. — 
State  v.  Hirsch,  125  Ind.  207. 

23.  NOT  A  JUDICIAL  OFFICE.     The  office  of  County  Superintendent  is  not  a 
judicial  office.— rBranam  an  v.  Hinkle,  137  Ind.  496. 

74.  Eligibility.  3.  No  person  shall  be  eligible  to  or  shall 
hold  the  office  of  County  Superintendent  unless  he  hold  at  the 
time  of  his  election  a  thirty-six  months'  license,  or  life  or  pro- 


SCHOOL    LAW    OF    INDIANA.  D.J 

fessional  license,  to  teach  in  the  public  schools  of  this  State: 
Provided,  That  nothing  herein  contained  shall  affect  the  title  of 
any  County  Superintendent  now  in  office  or  disqualify  him  for 
re-election  at  the  next  election  of  County  Superintendent. 

75.  Impeachment.     2.     Any  County  Superintendent  may 
he  impeached  for  immorality,  incompetency  or  general  neglect 
of  duty,  or  for  acting  as  agent  for  the  sale  of  any  text-hook, 
school  furniture,  maps,   charts  or   other  school  supplies,  and 
such  impeachment  proceedings  shall  in  all  things  he  governed 
by  the  provisions  of  law  now  in  force  for  impeaching  county 
officers. 

1.  STATUTE.  For  the  statutes  concerning  impeachment  of  officers,  see  R.  S. 
1897,  ? 8514  and  §8548;  Supp.  R.  S.  1894,  g8108a  and  §810811,  and  Acts  1899, 
P.  188. 

[1899,  p.  467.    Approved  March  6, 1899,  in  force  April  28, 1899.] 

76.  Office — Supplies — Compensation.     1.    The  Board  of 
Commissioners  of  any  county  in  this  State  shall  provide  in  the 
court  house,  or  at  the  county  seat,  public  offices  for  the  Sheriff, 
County  Superintendent  of  Schools  and  Surveyor  of  the  county 
respectively,  and  all  records  and  papers  required  by  law  to  be 
made  by  such  officers  shall  be  kept  and  preserved  in  such  office 
and  shall  be  delivered  to  their  successors. 

1.  OLD  LAW.     Until  this  statute  was  enacted  in  1899,  the  county  was  not 
required   to   furnish   the   County   Superintendent   an    office.     Board  v.    Axtell, 
96  Ind.  384. 

2.  REPEAL.     This  section  having  been  enacted  three  days  later  than  section 
11,  Acts  1899,  p.  240,  repeals  the  latter. 

[1899,  p.  240.    Approved  and  in  force  March  3, 1899.] 

77.  Shall  Examine  Teachers.     7.     The  County  Superin- 
tendent shall  hold  one  public  examination,  beginning  on  the 
lust  Saturday  of  January,  February,  March,  April,  May,  June, 
July  and  August  of  each  year.     In  no  case  shall  he  hold  a  pri- 
vate examination,  but  special  public  examinations  may  be  held 
any  time  upon  written  request  of  school  boards,  as  hereinafter 
provided.     The  County  Superintendent  shall  examine  at  such 
examinations,  by  a  series  of  questions  furnished  by  the  State 
Board  of  Education,  all  applicants  for  license  as  teachers  in  the 
•common  schools  of  the  State.     Before  any  applicant  can  be  ex- 


96  SCHOOL    LAW    OF    INDIANA. 

ami.ned  he  shall  produce  to  the  County  Superintendent  a  certifi- 
cate of  good,  moral  character  from  a  School  Trustee  of  the 
county,  then  in  office,  or  other  satisfactory  written  evidence  of 
good  moral  character,  which  certificate  or  other  evidence  shall 
'be  marked  filed  of  that  date  by  such  County  Superintendent 
and  preserved  as  an  office  paper.  If,  from  the  ratio  of  correct 
answers,  the  applicant  is  found  to  possess  knowledge  which  is 
sufficient  in  the  estimation  of  the  County  Superintendent  to 
enable  said  applicant  successfully  to  teach,  in  the  common 
schools  of  the  State,  orthography,  reading,  writing,  arithmetic, 
geography,  English  grammar,  physiology,  the  history  of  the 
United  States,  scientific  temperance  and  literature,  to  govern 
such  schools,  and  is  versed  in  the  science  of  teaching,  the 
County  Superintendent  shall  at  once  fill  out  and  deliver  to  such 
applicant  a  license  for  a  term  of  six  (6),  twelve  (12),  twenty- 
four  (24)  or  thirty-six  (36)  months,  according  to  the  ratio  of 
correct  answers  and  other  evidences  of  qualifications  given  upon 
said  examination,  the  standard  of  which  shall  be  fixed  by  the 
County  Superintendent ;  and  in  examining  persons  for  positions 
to  teach  in  graded  schools  in  cities  and  towns,  the  County 
Superintendent  may  take  into  consideration  special  fitness  of 
such  applicants  to  perform  the  services  required  of  them,  and 
shall  make  on  the  licenses  issued  to  such  applicants  a  statement 
of  the  kind  of  work  for  which  they  are  especially  qualified; 
and  all  applicants,  before  being  licensed,  shall  produce  to  the 
County  Superintendent  the  proper  Trustee's  certificate  or  other 
satisfactory  evidence  of  a  good  moral  character :  Provided, 
That  a  six  months'  license  shall  be  regarded  as  a  trial  license, 
and  that  no  person  who  hereafter  receives  a  six  months'  license 
in  any  county  shall  be  again  thereafter  licensed  from  said  county 
unless  he  obtains  a  grade  which  shall  entitle  him  to  receive  at 
least  a  twelve  months'  license  :  And,  provided,  That  any  person 
now  possessing  a  thirty-six  months'  license,  whose  next  consecu- 
tive license  shall  be  for  a  term  of  thirty-six  months,  or  any  per- 
son who  shall  hereafter  receive  two  licenses  in  succession,  each 
for  thirty-six  months,  may  receive,  at  the  expiration  of  such 
several  licenses,  a  license  for  the  term  of  eight  years  upon  such 
an  examination  held  by  the  County  Superintendent  as  may  be 
prescribed  by  the  State  Board  of  Education,  and  such  license 
shall  issue  only  upon  the  approval  of  the  State  Board  of  Edu- 


SCHOOL   LAW   OF   INDIAN 


cation,  and  shall  be  styled  a  professional  license,  and  shall 
entitle  the  holder  to  teach  in  any  of  the  schools  of  this  State : 
Provided,  That  any  person  who  has  taught  for  six  consecutive 
years  in  the  common  schools  of  this  State,  and  now  holds  a 
three  years'  license  to  teach  therein,  or  who,  having  previously 
taught  for  six  consecutive  years  in  said  common  schools,  and 
shall  hereafter  obtain  a  three  years'  license  to  teach  therein,  or 
who  has  heretofore  been  exempted,  shall  be  forever  afterward 
exempt  from  examination  so  long  as  he  or  she  shall  teach  in  the 
common  schools  of  the  county  in  which  said  three  years'  license 
was  obtained ;  but  if  such  person  shall,  at  any  time  after  said 
exemption  accrues,  suffer  a  period  of  one  year  to  pass  without 
having  taught  one  full  school  year  in  the  common  schools  of 
the  county  within  said  period,  then  said  exemption  shall  cease 
at  the  option  of  the  County  Superintendent ;  and  if  such  person 
shall,  during  such  exemption,  seek  employment  to  teach  other 
or  higher  branches  in  the  common  schools  of  this  State  than 
those  branches  which  were  included  in  the  examination  upon 
which  said  three  years'  license  was  issued,  then  he  or  she  shall 
l»r  examined  in  such  additional  branches:  Provided,  That  said 
County  Superintendent  be  authorized  to  issue  an  exemption 
license  upon  proper  affidavit  or  affirmation  of  said  applicant, 
and  that  said  exemption  license  be  subject  to  revocation  as 
other  licenses  issued  by  said  County  Superintendent. 

1.  PROFESSIONAL,  LICENSES.     It  is  ordered  by  the  State  Board  of  Education 
that  persons  who  have  received  two  county  licenses  of  the  first  grade  may  be  ad- 
mitted to  an  examination  for  an  eight  years'  professional  license,  which  shall 
comprise  the  subjects  of  elementary  algebra,  elements  of  physics,  elements  of  bot- 
any, grammar,  civil  government,  American  literature,  and  the  science  of  teach- 
ing.    Such  examination  shall  be  conducted  by  the  County  Superintendents  in  the 
several  counties,  upon  questions  prepared  by  the  State  Board;  the  manuscripts 
shall  be  sent  to  the  Board  for  gradation,  and  the  certificates  granted  shall  take 
effect  upon  the  expiration  of  the  thirty-six  months'  licenses  held  by  the  person 
receiving  them.     An  examination  for  eight  years'  licenses  is  held   in  March, 
annually. 

2.  APPEAL.     If  an  applicant  for  a  license  is  not  satisfied  with  the  grading  of 
his  County  Superintendent  he  may  appeal  to  the  Superintendent  of  Public  In- 
struction ;  and  if,  on  the  other  hand,  any  patron  of  a  school  thinks  that  a  teacher 
thereof  has  been  too  liberally  graded,  the  same  right  of  appeal  exists  in  such 
patron  as  in  the  applicant  for  a  license. 

3.  INCOMPETENT  TEACHER.     A  County  Superintendent  may  refuse  to  license 
a  teacher  whom  he  knows  to  be  incompetent  to  teach.     There  are  two  ways  that 

7— SCH.  LAW. 


98  SCHOOL   LAW   OF   INBLAtfA. 

such  knowledge  may  come  to  him  :  1st.  From  personal  visitation  and  inspection 
of  his  school  work.  2d.  From  statements  made  by  those  in  a  position  to  inspect 
such  work. 

4.  EXEMPTION  LICENSE.     The  law  expressly  says  that  a  teacher  must  teach 
without  interruption  after  a  license  is  issued  to  him  under  the  exemption  clause 
of  this  section.     The  inference  is  that  the  six  years'  teaching  done  should  have 
been  done  in  the  six  years  last  past  —  that  is,  without  any  interruption  —  to  entitle 
an  applicant  to  the  exemption.     The  County  Superintendent  may  require  such 
evidence  of  his  teaching  in  other  counties  as  will  satisfy  him  that  the  teacher  has 
done  the  necessary  work,  and  that  he  has  shown  a  degree  of  success  sufficient  to 
justify  the  Superintendent  in  granting  the  renewal.     It  is,  therefore,  decided  by 
the  Superintendent  of  Public  Instruction  that  the  teaching  must  have  been  done 
in  the  six  years  last  passed,  but  that  the  teaching  in  other  counties  may  be  cred- 
ited if  the  County  Superintendent  is  fully  satisfied  that  the  teaching  in  other 
counties  has  been  successful. 

5.  POWERS  OF  SUPERINTENDENT  NOT  JUDICIAL  —  LIABILITY.     The  County 
Superintendent  belongs  to  the  executive  department  of  the  government ;  he  acts 
in  neither  a  judicial  nor  pum- judicial  capacity  in  licensing  persons  to  teach,  and 
he  has  a  discretion  on  the  subject  of  licensing  teachers,  which  is  so  far  analogous 
to  judicial  discretion  that  he  is  protected  from  any  claim  for  damages  on  account 
of  any  mistake  in  his  decisions,  or  error  in  judgment,  either  in  granting  or  with- 
holding a  license.     Yet  he  is  liable  in  damages  for  maliciously  withholding  a 
license  to  teach  from  an  applicant  lawfully  entitled  to  receive  the  same,  and  he 
will  be  held  to  have  acted  maliciously  where  he  acts  either  from  willful  and  wicked 
or  from  corrupt  motives. — Elmore  v.  Overton,  104  Ind.  548. 

6.  LICENSE  AND  CERTIFICATE.     There  is  no  legal   distinction  between  the 
granting  of  a  license  to  teach  and  the  act  of  issuing  a  certificate  of  that  fact. 
The  terms  are  convertible,  and  the  "licensing"  implies  the  issuing  to  an  appli- 
cant of  a  written  permission  to  teach  in  the  public  schools. — Elmore  v.  Overton, 
104  Ind.  548. 

7.  PRINCIPALS  AND  HIGH  SCHOOL  TEACHERS  IN  TOWN  AND  CITY  SCHOOLS. 
The  spirit  of  the  law  is  fully  complied  with  when  high  school  teachers  pass  exam- 
ination in  such  branches  and  only  such  as  they  are  required  to  teach.     If  an 
applicant  is  to  teach  say  Latin,  Geometry,  General  History  and  Physics,  there 
is  no  good  reason  for  requiring  him  to  pass  on  the  "eight  common  school  branches.'' 
It  is  doubtful  whether  a  teacher  can  legally  draw  money  from  the  tuition  revenue 
for  teaching  the  high  school  branches  on  a  common  school  license.     The  intention 
of  the  law  clearly  is  that  a  teacher's  fitness  to  teach  should  be  tested  on  what  he 
is  required  to  teach,   not  on  what  he  is  not  required  to  teach.     Generally  an 
examination  in  the  enumerated  branches  is  sufficient,  but  when  a  school  district 
has  decided  by  legal  school  meeting,  under  section  . . . . ,  that  they  desire  other  or 
higher  branches  taught  in  their  school,  then  the  Superintendent  must  examine 
the  applicant  on  the  additional  branches  required  by  the  school  meeting.     But  in 
case  a  School  Board  requires  a  special  teacher  in  a  graded  school,  such  teacher 
should  be  examined  only  on  what  he  is  required  to  teach. 

8.  DISCRETION.     Reasonable  discretion  of  the  County  Superintendent  can  not 
be  controlled  by  the  courts. 

9.  MANDAMUS.     Mandamus  will  not  lie  to  compel  the  issuance  of  a  teacher's 
certificate  by  the  County  Superintendent;  the  Superintendent  being  vested  with  a 


SCHOOL    LAW    OF    INDIANA.  99 

discretionary  power,  the  court  may  compel  him  to  act  upon  an  application,  but 
can  not  control  his  discretion.  The  mode  of  procedure  in  such  a  case  is  an  appeal 
to  the  Superintendent  of  Public  Instruction,  and  if  after  hearing  the  case  he  orders 
the  County  Superintendent  to  issue  a  certificate,  mandamus  would  lie  to  compel 
him  to  do  so. 

10.  MINISTERIAL  DUTY.  Mandamus  is  the  proper  action  to  compel  an  officer 
to  perform  any  ministerial  duty,  but  mandamus  will  not  lie  to  compel  the  per- 
formance of  any  discretionary  duty. 

11.  LIABILITY.  If  a  County  Superintendent  makes  an  honest  mistake  in  his 
judgment  as  to  his  duties  under  the  law,  or  as  to  facts  submitted  to  him,  where 
he  has  a  discretion,  it  will  not  render  him  liable  for  damages. — Branaman  v. 
Hinkle,  137  Ind.  496 ;  Elmore  v.  Overton,  104  Ind.  548. 

78.  May  revoke  license.  9.  The  County  Superintendent 
shall  have  the  power  to  revoke  licenses  heretofore  granted  by 
himself  or  predecessors  or  hereafter  granted  by  the  State  Super- 
intendent of  Public  Instruction,  for  incompetency,  immorality, 
cruelty  or  general  neglect  by  the  holder  of  the  business  of  his 
school.  Due  notice  of  such  revocations  shall  be  given  in  writ- 
ing by  the  County  Superintendent  and  an  appeal  therefrom 
shall  lie  to  the  State  Superintendent  of  Public  Instruction,  and 
if  the  same  be  taken  within  tive  days  after  notice  is  given  it 
shall  operate  as  a  stay  of  proceedings  until  the  State  Superin- 
tendent of  Public  Instruction  shall  have  passed  upon  such 
appeal.  The  revocation  of  the  license  of  any  teacher  shall 
terminate  his  employment  in  the  school  in  which  he  may  have 
been  employed  to  teach. 

1.  REVOCATION  OF  LICENSE.  In  the  revocation  of  a  license,  the  Superin- 
tendent may  act  upon  his  own  knowledge,  or  he  may  proceed  upon  petition  of 
the  patrons.  In  the  former  case  he  should  make  out  and  record  charges  and 
specifications,  based  on  his  own  knowledge,  and  furnish  the  teacher  a  copy  thereof 
citing  him  to  appear  at  a  certain  time  and  answer  with  such  evidence  and  expla- 
nations as  he  may  be  able  to  give.  The  answer  and  evidence  should  be  made  a 
matter  of  record,  together  with  the  finding  of  the  Superintendent.  In  case  a  peti- 
tion for  the  revocation  of  a  license  is  received  from  patrons,  the  Superintendent 
may  dismiss  it  if  the  complaints  are  of  a  frivolous  character.  A  mere  petition 
is  not  enough.  Definite  charges  and  specifications  should  be  filed  with  it.  When 
such  charges  are  received,  the  Superintendent  should  fix  an  early  day  for  the 
trial,  notify  the  teacher  of  the  pendency  of  charges  and  furnish  him  a  copy  there- 
of, and  notify  all  parties  interested  of  the  time  and  place  at  which  the  trial  will 
be  held.  An  accurate  record  of  att  the  proceedings  should  be  made  and  all  papers  filed, 
for  use  in  case  of  an  appeal  to  the  Superintendent  of  Public  Instruction.  When- 
ever a  license  has  been  revoked,  the  Superintendent  should  make  a  record  of  the 
fact,  and  immediately  notify  all  the  Trustees  of  the  county.  A  license  having 
once  been  granted,  the  teacher  acquires  a  proprietary  interest  in  it.  It  is  in  one 


100  SCHOOL    LAW    OF    INDIANA. 

sense  property.  No  teacher  should  be  deprived  of  his  license  without  an  oppor- 
tunity to  answer  charges  that  may  be  brought  against  him,  whether  by  the  County 
Superintendent  or  others.  The  license  of  a  teacher  guilty  of  forgery  may  be  re_ 
yoked ;  he  must,  however,  be  actually  guilty  of  the  crime,  and  while  an  indict- 
ment against  him  is  strong  evidence  of  his  guilt,  it  is  far  from  conclusive;  for  on 
the  trial  he  may  be  acquitted.  The  fact  that  he  dismissed  school  to  attend  his 
trial,  does  not  authorize  his  dismissal.  The  fact  that  many  citizens  of  the  vicinity 
of  the  school  believe  he  is  guilty  does  not  authorize  the  revocation  of  his  license 
nor  his  dismissal.  The  fact  that  his  teaching  tends  to  lower  the  moral  standard 
of  the  schools  of  the  county,  and.hinder  the  County  Superintendent  in  his  efforts 
to  uphold  it,  does  not  authorize  his  dismissal.  A  license  can  only  be  revoked  for 
the  causes  enumerated  in  the  above  section.  If  a  majority  of  those  entitled  to 
vote  at  a  school  meeting  petition  the  Trustee  to  dismiss  him,  the  Township  Trus- 
tee may  do  so,  after  due  notice  and  good  cause  shown.  A  County  Superintendent 
is  not  liable  for  revoking  a  license  unless  he  acted  maliciously. 

2.  PRACTICE.     When  charges  of  incompetency  are  made  against  a  teacher, 
those  making  the  charges  should  be  required  to  prove  them  by  the  oaths  of  such 
witnesses  as  have  a  knowledge  of  the  facts.     If  the  teacher  fail  in  the  government 
of  his  school,  or  ability  to  teach  falls  short  of  the  proper  standard,  the  Superin- 
tendent is  justified  in  revoking  the  license,  if  these  facts  are  proved.     The  exam- 
ination of  the  teacher  in  technical  school  work  has  been  settled  by  the  issuing  of 
a  license  to  him.     The  charges  of  incompetency  should  cover  that  part  of  the 
teacher's  work  along  the  line  of  the  practical  or  administrative  side  of  his  work. 
Observations  of  the  County  'Superintendent  gleaned  during  his  visits  is  proper 
evidence  to  be  considered  in  passing  judgment  upon  the  case. 

3.  IMMORALITY.     "An  act  is  considered  as  immoral  which  is  inconsistent 
with  rectitude,  contrary  to  conscience,  wicked,  unjust,  dishonest  or  vicious." 

[1873,  p.  75.    Approved  and  in  force  March  8, 1873.] 

79.  Examinations— License.  37.  The  County  Superin- 
tendent shall  hold  at  least  one  public  examination  in  each 
month  in  the  year  in  his  county;  and  in  no  case  shall  lu>  grant 
a  license  upon  a  private  examination;  and  all  licenses  granted 
by  him  shall  be  limited  to  the  county  in  which  they  are 
granted.  (R.  S.  1881,  §4427;  R,  S.  1894,  §5903;  R.  S.  1897, 
§  6120.) 

1.  WHEN  HELD.  Examinations  are  now  held  on  the  last  Saturday  of  the 
first  eight  months  of  the  year.  See  $  78. 


),  p.  240.    Approved  and  in  force  March  3, 1899.] 

80.    Record-book— Report  to  State  Superintendent.    8. 

That  the  County  Superintendent  shall  provide  a  blank  book,  at 
the  expense  of  the  county,  in  which  he  shall  keep  a  record  of 
his  proceedings,  and  shall  deliver  such  record,  and  all  other- 
books,  papers  and  property  appertaining  to  his  office,  to  his 


SCHOOL    LAW    OP    INDIANA. 


successor.  He  shall  also  keep  a  record  of  all  applicants  for  a 
license,  kind  and  length  of  the  license  to  which  each  successful 
applicant  is  entitled,  as  well  as  a  number  of  licenses  revoked 
by  him.  lie  shall  report  to  the  State  Superintendent  of  Public 
Instruction  the  names  (and  dates  thereof)  of  those  whose 
licenses  he  revokes. 


1.  PA  HOI,  PROOF  OF  CONTENTS  OF  RECORD.     The  p  resumption  is  that  a  County 
Superintendent  keeps  a  record  of  his  proceedings,  .which  is  the  best  evidence  of 
his  acts  in  either  granting  or  refusing  a  license;  and  in  an  action  against  him  for 
maliciously  withholding  a  license,  oral  proof  of  his  admission  that  he  had  granted 
a  license  to  the  applicant  is  inadmissible  unless  it  is  averred  in  the  complaint  and 
first  shown  that  he  kept  no  such  record  as  required  by  tho  statute,  or  that  such 
record  is  incorrect.  —  El  more  v.  Overton,  104  Ind.  548. 

2.  RECORDING  DECISION.     The  decision  of  the  Superintendent  is  binding,  on 
appeal,  on  the  Trustee  from  the  time  it  is  given,  though  not  entered  in  the  Super- 
intendent's record  until  afterwards.  —  Knight  v.  Woods,  129  Ind.  101. 

3.  See  §  83. 

[1899,  p.  488.    Approved  March  6,  1899.    In  force  April  28,  1899.] 

81.  State  license.  1.  The  County  Superintendent  shall  ex- 
amine at  such  examinations  at  such  times  and  in  such  subjects  as 
now  required  by  law  by  a  series  of  questions  furnished  by  the 
State  Board  of  Education,  all  applicants  for  license  as  teachers 
in  the  common  schools  of  the  State;  that  such  applicants  shall 
have  the  right  to  elect  to  have  their  manuscripts  sent  to  the 
State  Superintendent  of  Public  Instruction  for  examination, 
which  license  shall  not  be  confined  to  any  particular  county; 
but  be  taken  as  qualifying  the  person  to  whom  granted,  so  long 
as  in  force,  to  teach  anywhere  within  the  State,  if  of  the  proper 
grade  for  the  school  for  which  he  may  be  employed.  Each 
applicant  who  so  elects  to  have  manuscripts  sent  to  the  State 
Superintendent  of  Public  Instruction  for  examination  shall,  be- 
fore the  examination  begins,  pay  to  the  County  Superin- 
tendent a  fee  of  one  dollar,  said  payment  to  be  made  but  once 
in  any  one  calendar  year,  and  if  such  applicant  presents  himself, 
at  other  examinations  within  the  year,  he  shall  exhibit  a  receipt 
to  the*  County  Superintendent,  showing  that  said  fee  has  been 
hitherto  paid  :  Provided,  That  no  person  shall  be  allowed  more 
than  three  examinations  in  any  one  year,  except  on  payment  of 
one  dollar  for  each  additional  examination.  The  County  Super- 
intendent shall  issue  his  receipt  for  all  fees  paid  under  the  pro- 


102  SCHOOL    LAW    OF    INDIANA. 

visions  of  this  act,  and  shall  immediately  send  such  fees  to  the 
State  Superintendent  of  Public  Instruction,  who  shall  issue  his 
receipt  therefor  to  the  County  Superintendent.  The  State 
Superintendent  of  Public  Instruction  shall  use  such  funds  in  the 
employment  of  a  sufficient  number  of  qualified  persons  to  grade 
the  manuscripts  and  perform  the  services  incident  to  the  opera- 
tion of  the  license  system  instituted  by  this  act.  The  State 
Superintendent  of  Public  Instruction  shall  publish  annually, 
under  oath,  an  itemized  statement  of  the  receipts  and  disburse- 
ments of  the  moneys  contemplated  in  this  act,  stating  for  what 
paid  and  to  whom  paid,  with  proper  receipts  for  the  same, 
keeping  the  original  receipt  on  file  in  his  office  and  open  to 
public  inspection.  No  examinations  shall  extend  over  a  period 
of  more  than  two  days,  and  shall  be  conducted  in  the  immedi- 
ate presence  of  the  County  Superintendent,  pursuant  to  such 
instructions  and  directions  as  the  State  Board  of  Education  may 
provide.  The  manuscripts  containing  the  answers  to  said  ques- 
tions shall  be  delivered  by  the  applicant  to  the  County  Superin- 
tendent, who  shall  designate  the  same  by  number.  The  County 
Superintendent  shall  then  record  both  the  number  of  the  manu- 
script and  the  name  of  the  applicant  in  a  record  for  that  pur- 
pose, and  send  the  fee  named  above  and  the  grade  of  school- 
room success ;  and  the  manuscript  of  the  Applicant  numbered 
as  above,  to  the  office  of  the  State  Superintendent  of  Public  In- 
struction for  gradation.  The  professional  ability  of  school-room 
success  of  an  applicant  shall  be  furnished  by  the  County  Super- 
intendent and  graded  from  50  to  TOO  per  cent.  Teachers  em- 
ployed in  a  city  or  town  school  shall  be  certified  to  on  profes- 
sional ability  by  the  Town  Superintendent  (if  there  be  one)  or 
City  School  Superintendent.  This  shall  be  accepted  by  the 
County  Superintendent  as  the  estimate  of  the  applicant's  pro- 
fessional success.  The  general  average  in  the  branches  wrhich 
shall  indicate  the  applicant's  academic  standing,  furnished  by 
the  State  Superintendent  of  Public  Instruction,  shall  constitute 
one  part  of  the  applicant's  grade,  and  the  per  cent.  place<J  upon 
the  applicant's  school-room  success,  shall  constitute  the  other 
part.  The  sum  of  these  two  items  divided  by  two,  shall  give 
the  complete  general  average  upon  which  all  the  license  shall 
be  issued.  If,  from  the  ratio  of  correct  answers  the  applicant 
is  found  to  possess  knowledge  which  is  sufficient  to  enable  him 


SCHOOL   LAW   OF   INDIANA.  103 

successfully  to  teach  in  the  common  schools  of  the  State,  orthog- 
raphy, reading,  writing,  arithmetic,  geography,  English  gram- 
mar, physiology,  the  history  of  the  United  States,  scientific 
temperance  and  literature,  to  govern  such  schools,  and  is  versed 
in  the  theory  of  the  school,  the  County  Superintendent  shall  at 
once  report  the  name  and  postoffice  address  of  such  person  to 
the  State  Superintendent  of  Public  Instruction,  together  with 
the  grade  of  license  to  which  such  applicant  is  entitled,  and  the 
State  Superintendent  of  Public  Instruction  shall  at  once  fill  out 
and  mail  to  such  applicant  a  license  for  a  term  of  twelve  (12), 
twenty-four  (24),  or  thirty-six  (36)  months,  valid  for  teaching  the 
above  branches  only ;  and  for  sixty  (60)  months,  the  latter  to  be 
known  as  a  high  school  license ;  such  high  school  license  shall  in- 
clude, in  addition  to  the  subjects  enumerated  above,  such  addi- 
tional subjects  as  the  State  Board  of  Education  may  elect,  which 
license  shall  be  for  use  in  the  noncommissioned  high  schools  of  the 
State :  Provided,  That  for  the  proper  classification  of  teachers' 
licenses  named  herein,  the  life  license  shall  be  denominated  a 
license  of  the  first  grade ;  a  professional  license  shall  be  denomi- 
nated a  license  of  the  second  grade ;  the  high  school  license 
shall  be  denominated  a  license  of  the  third  grade;  the  thirty- 
six  months'  license  shall  be  denominated  a  license  of  the  fourth 
grade ;  the  twenty-four  months'  license  shall  be  denominated  a 
license  of  the  fifth  grade,  and  the  twelve  months'  license  shall 
be  denominated  a  license  of  the  sixth  grade.  The  standard  of 
all  licenses  shall  be  fixed  by  the  State  Board  of  Education  by 
indicating  the  minimum  per  cent,  in  each  branch  and  the  re- 
quired general  average  for  each  grade  of  license  above  enu- 
merated. 

82.  Exemption  from  examination.  2.  Any  person  who 
has  previously  taught  for  six  (6)  consecutive  years  in  said  com- 
mon schools,  and  shall  hereafter  obtain  a  three  (3)  years'  license 
to  teach  therein,  so  long  as  he  teaches  the  above  named  subjects, 
shall  be  forever  afterward  exempt  from  examination ;  but  if 
such  person  shall,  at  any  time  after  said  exemption  occurs,  suffer 
a  period  of  one  year  to  pass  without  having  taught  one  full 
school  year  in  the  common  schools  of  the  State  within  said 
period,  except  in  case  of  physical  disability,  properly  certified 
by  a  reputable  physician,  then  said  exemption  shall  cease.  If 


104  SCHOOL   LAW   OF   INDIANA. 

said  person  shall,  during  such  exemption,  seek  employment  to 
teach  other  or  higher  branches  in  the  common  schools  of  the 
State  than  those  branches  which  were  included  in  the  examina- 
tion upon  which  said  three  years'  license  was  issued,  then  he 
shall  be  examined  in  such  additional  branches. 

83,  Record  of  examination.     3.     The   County    Superin- 
tendent shall  provide  a  blank  book,  in  which  he  shall  keep  a 
record  of  minutes  of  his  proceedings,  and  shall  deliver  such 
record,  and  all  other  books,  papers  and  property  appertaining 
to  his  office  to  his  successor.     He  shall  also  keep  a  record  of  all 
applicants  for  license  and  the  kind  and  the  length  of  the  license 
to  which  each  successful  applicant  is  entitled,  as  well  as  the 
number  of  licenses  revoked  by  him.     He  shall  report  to  the 
State  Superintendent  of  Public  Instruction  the  names  of  those 
whose  licenses  he  revokes  and  the  date  of  such  revocation., 

1.     See  Sec.  80. 

[1899,  p.  448.    Approved  March  4, 1899;  in  force  April  28, 1899.] 

84.  Certificates  from  other  States.    1.    The  State  Super- 
intendent of  Public  Instruction  may  countersign  the  life  State 
certificates  of  teachers  of  other  States,  when  the  holders  of  such 
certificates  shall  have  furnished  satisfactory  evidence  of  good 
moral  character,  and  experience  and  success  in  teaching,  as  is 
required  for  life  State  certificates  in  this  State ;  and  when  so 
countersigned   such   certificates   shall  be  valid  in  any  of  the 
schools  in  this  State  :     Provided,  That  the  requirements  for  ob- 
taining the  life  State  certificates  of  other  States  shall  be  equiv- 
alent to  the  requirements  for  the  same  certificates  in  this  State* 


),  p.  240.    Approved  and  in  force  March  3, 1899.J 

85.  Examinations  for  graduation.  6.  The  County  Super- 
intendent shall  provide  for  the  examination  of  all  applicants  for 
graduation  in  the  common  school  branches  from  township,  dis- 
trict or  town  schools  during  the  months  of  March,  April  and  May, 
and  furnish  them  certificates  of  graduation,  if  in  the  judgment 
of  the  County  Superintendent  they  are  entitled  thereto,  which 
shall  entitle  the  recipients  to  enter  any  township,  town  or  city 
high  school  of  the  State  if  he  be  otherwise  entitled  to  the  priv- 
ileges thereto.  He  shall  likewise  provide  for  the  examination 


SCHOOL    LAW    OF   INDIANA.  105 

of  Jill  applicants  for  graduation  from  the  township  graded  or 
town  graded  high  schools  not  employing  a  Superintendent  (lur- 
ing the  months  of  April,  May  and  June,  and  furnish  them  cer- 
tificates of  graduation,  if  entitled  thereto.  He  shall  attend  as 
many  commencements  as  he  can  of  the  township  and  town 
schools,  and  also  of  the  township  and  town  high  schools.  He 
shall  hold  one  preliminary  institute  in  each  township  in  his 
county  before  the  schools  for  that  school  year  open,  for  the  pur- 
pose of  helping  the  teachers  in  the  organization  of  their  schools 
and  giving  any  other  needed  assistance ;  but  instead  of  holding 
such  preliminary  institutes  in  each  township,  he  may  hold  a 
joint  institute  for  two  or  more  adjoining  school  corporations. 

T1899,  p.  240.    Approved  and  in  force  March  3, 1899.] 

86.  General  duties.  4.  That  the  County  Superintendent 
shall  have  the  general  superintendence  of  the  schools  of  his 
county.  He  shall  attend  each  township  institute  at  least  once 
in  each  school  year,  and  as-  often  thereafter  as  possible,  and 
preside  over  and  conduct  its  exercises.  He  shall  visit  schools 
while  they  are  in  session  for  the  purpose  of  increasing  their 
usefulness  and  elevating,  as  far  as  practicable,  the  poorer  schools 
to  the  standard  of  the  best.  He  shall  conduct  teachers'  insti- 
tutes and  encourage  other  like  associations,  and  shall  labor,  in 
every  practicable  way,  to  elevate  the  standard  of  teaching  and 
to  improve  the  condition  of  the  schools  of  his  county.  In  all 
controversies  of  a  general  nature  arising  under  the  school  law, 
the  decision  of  the  County  Superintendent  shall  first  be  ob- 
tained; and  then  an  appeal,  except  on  local  questions  relating 
to  the  legality  of  school  meetings,  establishment  of  schools,  and 
the  location,  building,  repair  or  removal  of  school  houses,  or 
transfer  of  persons  for  school  purposes  and  resignation  and  dis- 
missal of  teachers,  may  be  taken  from  his  decision  to  the(  State 
Superintendent  of  Public  Instruction  on  a  written  statement  of 
facts,  certified  to  by  such  County  Superintendent,  l^othing  in 
this  act,  however,  shall  be  construed  so  as  to  change  or  abridge 
the  jurisdiction  of  any  court  in  cases  arising  under  the  school 
laws  of  this  State;  and  the  right  of  any, person  to  bring  suit  in 
any  court  in  any  case  arising  under  the  school  laws  shall  not  be 
abridged  by  the  provisions  of  this  act.  He  shall  at  all  times 
carry  out  the  orders  and  instructions  of  the  State  Board  of 


106  SCHOOL    LAW    OF    INDIANA. 

Education  and  the  State  Superintendent  of  Public  Instruction, 
and  shall  constitute  the  medium  between  such  State  Superin- 
tendent and  subordinate  school  officers  and  the  schools. 

1.  CARE  AND  OVERSIGHT.     The  Superintendent  has  the  care  and  oversight  of 
the  schools  of  his  county,  with  authority  to  direct  in  their  organization  and  man- 
agement. 

2.  VISITATION.     To  make  his  visitations  of  much  value,  the  Superintendent 
ought  to  visit  each  school  at  least  twice  a  year.     This  can  be  done  under  the  law 
by  giving  each  school  a  half  day  at  a  visit.     It  is  safe  to  say  it  was  the  intention 
of  the  Legislature  that  the  Superintendent  should  be  allowed  at  least  as  many 
day0  for  visiting  the  schools  as  he  has  different  teachers  to  visit.     The  Commis- 
sioners should  not  in  any  case  restrict  him  to  fewer  days   than   this,  and   if  lie 
be  a  prudent  man  it  would  be  safe  to  let  him  visit  at  his  own  discretion.      The 
restriction  can  be  placed  upon  him  at  any  time  if  it  be  shown  that  he  abuses  his 
privilege. 

3.  POWER  AS  TO  COURSE  OF  STUDY  AND  RULES.     The  management  and  con- 
trol of  the  schools  is  conferred  by  law  upon  the  Trustees,  and  this  power  involves 
the  right  to  prescribe  a  course  of  study  and  make  rules  and  regulations.     But  the 
Trustees  also  appoint  a  County  Superintendent,  who,,   in  a  large  department  of 
school  government,   is  the  representative  and  agent  of  the  Trustees,  and  to  him 
their  powers  are  delegated  so  far  as  is  necess.ary  to  successful  administration.     If 
neither  the  County  Board  of  Education  nor  the  Trustees  individually  have  taken 
the  necessary  action,   the  Superintendent  may   arrange  a  course  of  study  and 
direct  its  enforcement  in  the  schools,  and  may  make  reasonable  rules  and  regu- 
lations, and  the  refusal  of  a  teacher  to  obey  the  Superintendent  in  these  particu- 
lars, would  be  such  "neglect  of  the  business  of  the  school"  as  would  warrant  a 
revocation  of  his  license,  or  would  indicate  such  incompetence  "to  successfully 
teach"  as  would  warrant  a  refusal  to  grant  him  another  license. 

4.  LIABILITY.     A  County  Superintendent  is  not  liable  for  his  official  acts, 
unless  they  were  wanton  and  malicious,  where  he  has  a  discretion  in  their  per- 
formance.    Branaman  v.  Hinkle,  137  Ind.  496;  Elmore  v.  Overton,  104,  Ind.  548. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

87.  When  must  enumerate.  40.  When  any  Trustee  shall 
neglect  to  file  with  the  County  Superintendent  an  enumeration 
of  the  children  of  the  township,  town  or  city,  as  required  by 
section  118,  the  County  Superintendent  shall,  immediately 
after  the  first  day  of  May  in  each  year,  employ  a  competent 
person  to  take  the  same,  and  allow  a  reasonable  compensation 
for  such  services,  payable  from  the  special  school  revenue  of 
the  township;  and  shall  proceed  to  recover  the  same  -in  the 
name  of  the  State  of  Indiana,  for  the  use  of  said  revenue  of 
said  township,  by  action  against  the  said  Trustee  in  his  individ- 
ual capacity ;  and  in  such  suit  the  County  Superintendent  shall 
be  a  competent  witness.  (R.  S.  1881,  §  4430 ;  R.  S.  1894,  §  5906 ; 
R.  S.  1897,  §6123.) 


SCHOOL    LAW    OF    INDIANA.  107 

1.  In  so  far  as  the  provisions  of  the  above  section  affect  the  Trustee,  they  are 
penal  and  apply  only  where  he  has  failed  to  file  any  report,  and  they  have  no  ap- 
plication when  a  report  in  proper  form,  duly  verified,  has  been  filed.  Young  v. 
State,  138  Ind.  206. 

[1899,  p.  240.    Approved  and  in  force  March  3, 1899.] 

88.  Cities  exempt.     5.     City  schools,  however,  having  duly 
appointed  Superintendents,  shall  be  exempt  from  the  general 
superintendence  authorized  hy  this  act,  upon  a  written  request 
of  the  School  Board  of  said  cities  that  such  supervision  be  not 
extended  to  such  cities  by  the  County  Superintendent. 

1.  EXEMPTION  OF  CITIES.  This  privilege  is  not  extended  to  incorporated 
towns.  The  request  should  be  addressed  to  the  County  Superintendent,  and 
should  be  entered  in  the  records  of  the  City  School  Board.  From  the  date  of  the 
request  and  so  long  as  a  City  Superintendent  is  employed  the  County  Superin- 
tendent has  no  authority  over  the  city  schools,  but  such  authority  will  revive  if 
the  City  Board  fails  to  employ  a  Superintendent. 

[1895,  p.  127.    Approved  March  5, 1893;  in  force  June  28, 1895.] 

89.  Annual  Reports.     41.     The    County    Superintendent 
shall,  on  or  before  the  fifteenth  day  of  May,  annually  make  out 
and  forward  to  the  State  Superintendent  the  enumeration  of 
their  respective  counties,  with  the  same  particular  discrimina- 
tion required  of  the  Trustees.     When,  however,  the  State  Super- 
intendent  of    Public   Instruction,   upon    examination    of   the 
enumeration  returns  of  any  county,  or  of  any  township,  town 
or  city  of  such  county,  finds  any  evidence  that  the  enumeration 
is  excessive  in  numbers,  or  otherwise  incorrect,  he  may  require 
the  County  Superintendent  to  cause  the  enumeration  of  such 
county,  township,  town  or  city   to   be   retaken   and  returned 
according  to  the  provisions  of  this  act,  and  the  school  revenue 
to  be  distributed  to  said  county  upon  such  corrected  enumera- 
tion.    If,  however,  the  corrected  enumeration  is  received  by  the 
State  Superintendent   of   Public  Instruction  too  late  for  the 
semi-annual  apportionment,  the  State  Superintendent  of  Pubfic 
Instruction  shall  make  the  apportionment  on  the  last  accepted 
enumeration.     They  shall,  on  or  before  the  fifteenth  day  of 
October,   annually    furnish    the    statistical    information   which 
Trustees  are  required  to  report  to  them  in  such  form  as  may  be 
prescribed  by  the  Superintendent  of  Public  Instruction.     They 
shall  also  furnish  with  such  statistical  report  sueh  additional 
information,  embodied  in  a  written  report,  relative  to  the  con- 
dition of  the  schools,  school  houses,  and  the  general  progress 
of  education,  etc.,  in  the  county,  as  the  State  Superintendent 


108  SCHOOL    LAW    OF    INDIANA. 

may  from  time  to  time  call  for.  On  failure  of  any  County 
Superintendent  to  make  his  report  of  enumeration  by  the  fif- 
teenth day  of  May,  his  county  shall  be  subject  to  a  diminution 
of  twenty -five  dollars  ($25)  in  the  next  apportionment  of  school 
revenue  by  the  State  Superintendent,  and  on  failure  to  make 
his  statistical  and  other  reports  by  the  fifteenth  day  of  October, 
his  county  shall  be  subject  to  a  diminution  of  ten  dollars  ($10) 
in  the  next  apportionment  likewise.  The  sum  thus  withheld 
may  be  collected  from  said  County  Superintendent,  on  his  bond, 
in  a  suit  before  a  Justice  of  the  Peace,  prosecuted  in  the  name 
of  the  State,  by  any  person  living  in  said  county,  who  has  chil- 
dren enumerated  for  school  purposes  for  the  current  year,  who 
is  aggrieved  by  said  diminution.  Said  suit  may  be  commenced 
within  two  years  from  the  time  when  said  report  is  due,  and 
not  afterward:  Provided,  That  said  County  Superintendent 
may  discharge  himself  from  liability  to  such  suit  by  a  certifi- 
cate of  the  postmaster  that  said  report  was  mailed  in  due  time, 
together  with  his  own  affidavit  of  that  fact.  (R.  S.  1897,  §  6124.) 

1.  PRIVATE  INSTITUTIONS.     County  Superintendents  are  expected  to  furnish 
statistical  and  other  reports  relative  to  private  schools,  high  schools,  colleges  and 
other  private  institutions  of  learning  within  their  respective  counties,  so  as  to 
enable  the  Superintendent  of  Public  Instruction  to  present  a  view  of  all  the  edu- 
cational facilities  of  the  State. 

2.  See  section  17. 

3.  MANDATE.     Mandamus  lies  to  compel  the  County  Superintendent  to  make 
the  report  required  by  the  above  section,  and  the  trustee  of  a  township  affected 
may  bring  the  action  for  such  a  mandamus.     Young  v>.  State,  138  Ind.  206. 

11865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

90.  Apportionment— Report.  42.  The  County  Superin- 
tendent shall  make  out,  from  the  lists  of  enumeration  and  the 
reports  of  transfers,  the  basis  of  the  apportionment  of  school 
revenue  to  the  several  townships,  towns  and  cities  of  their  re- 
spective counties,  and  parts  of  congressional  townships  of  ad- 
joining counties  whose  congressional  township  fund  is  managed 
in  their  counties,  and  report  the  same  to  the  proper  County 
Auditors  by  the  first  day  of  June,  annually,  so  as  to  enable 
County  Auditors  to  accurately  apportion  the  school  revenue  for 
tuition.  (R.  S.  1881,  §  4432;  £.  S.  1894,  §  5908;  R.  S.  1897, 
§  6125.) 

1.     CONGRESSIONAL,   TOWNSHIPS.     The  basis  of  apportionment  should  show,* 
by   number  and   range,   the  congressional  townships,   or  parts  of  congressional 


SCHOOL    LAW    OF    INDIANA.  109 

townships,  which  form  each  civil  township,  the  number  of  children  enumerated 
in  each  of  such  parts;  also  the  whole  number  of  children  enumerated  in  each 
civil  township.  With  the  basis  of  apportionment  he  should  file  with  the  Auditor 
a  separate  statement  showing  what  congressional  townships  whose  funds  are  man- 
aged in  his  county  are"  divided  by  the  county  line  ;  also,  the  number  of  children 
enumerated  in  each  part  of  such  townships. 

[1873,  p.  75.    Approved  and  in  force  March  8, 1873.] 

91.  Compensation.     43.     The  County  Superintendent  shall 
receive  four  dollars  for  every  day  actually  employed  in  the  dis- 
charge of  the  duties  required  by  this  act.    But  before  the  County 
Commissioners  shall  allow  his  per  diem,  the  same  shall  be  pre- 
sented in  a  bill  of  account  stating,  in  separate  items,  the  nature 
and  amount  of  service  rendered  on  each  day  for  which  he  claims 
compensation  ;  which  bill  of  account  shall  be  verified  by  affidavit 
to  the  effect  that  the  same  and  each  item  thereof  is  just  and 
true.    The  County  Auditor  shall  draw  his  warrant  on  the  County 
Treasurer  for  the  amount  allowed  by  the  Board  in  favor  of  said 
Superintendent,  and  the  Treasurer  shall  pay  the  said  warrant 
out  of  the  ordinary  county  revenues :     Provided,  however,  That 
the  said  Board  of  Commissioners  shall  have  power  to  determine 
tin-  number  of  days  in  each  year  in  which  the  County  Superin- 
tendent may  labor  in  the  performance  of  the  duties  required  of 
him  in  visiting  schools:     Provided,  further,  The  number  of  days 
so  allowed  in  each  year  for  visiting  schools  shall  not  be  less  than 
the  whole  number  of  schools  in  such  county  ov*er  which  such  Su- 
perintendent has  control ;  and  he  shall  receive  no  perquisites  what- 
ever.    (R.  S.  1881,  §  4433 ;  R.  S.  1894,  §  5909 ;  R.  S.  1897,  §  6126.) 

1.  AMOUNT  OF  CLAIM.     The  Superintendent  should  file  his  claim  for  the  full 
amount  of  his  services  at  $4  per  day  up  to  the  end  of  the  quarter.     Board  v. 
Binford,  70  Ind.  208;  Campbell  v.  Board,  71  Ind.  185. 

2.  KEPORTS  TO  BUREAU  OF  STATISTICS.     The  duty  imposed  on  the  County 
Superintendent  of  Schools  (by  R.  S.  1881,  §5720;  R.  S.  1894,  §7768;   R.  S.  1897, 
t  ....),   to  make  reports  to  the  Bureau  of  Statistics,  is  an  official  duty  imposed 
upon  the  officer,  for  which  he  is  not  entitled  to  compensation.     Yeager  v.  Board, 
(,»5  Ind.  427. 

[1875,  p.  131.    Approved  and  in  force  March  9, 1875.] 

92.  Duty  as  to  apportionment.     6.     Such  Superintendent 
shall  see  that  the  full  amount  of  interest  on  school  fund  is  paid 
and  apportioned,  and,  when  there  is  a  deficit  of  interest  of  any 
school  fund,  or  loss  of  any  school  fund  or  revenue  by  the  county, 
that  proper  warrants  be  issued  for  the  re-imbursement  of  the 
same;  but  no  per  centum  beyond  what  is  provided  for  herein 


110  SCHOOL    LAW    OF    INDIANA. 

and  allowed  shall  in  any  case  be  paid  him  by  said  Board  of 
Commissioners.     (R.  S.  1881,  §4434;  R.  S.  1894,  §5910;  R.  S. 

1897,  §  6127.) 

[1873,  p.  75.    Approved  and  in  force  March  8, 1873.] 

93.  Duty  as  to  school  fund.     7.     The   official   dockets, 
records,  and  books  of  account  of  the  Clerks  of  the  Courts, 
County  Auditor,  County  Commissioners,  Justices  of  the  Peace, 
Prosecuting  Attorneys,  Mayors  of  cities,  and  Township  and 
School  Trustees,  shall  be  open  at  all  times  to  the  inspection  of 
the  County  Superintendent;  and  whenever  he  shall  find  that 
any  of  said  officers  have  neglected  or  refused  to  collect  and  pay 
over  interests,  fines,  forfeitures,  licenses,  or  other  claims,  due  the 
school  funds  and  revenues  of  the  State,  or  have  misapplied  the 
school  funds  and  revenues  of  the  State,  or  have  misapplied  the 
school  funds  and  revenues  in  their  possession,  he  shall  be  re- 
quired to  institute  suit  in  the  name  of  the  State  of  Indiana  for 
the  recovery  of  the  same,  for  the  benefit  of  the  school  funds  or 
revenues  and  make  report  of  the  same  to  the  Board  of  County 
Commissioners  and  to  the  State  Superintendent.     (R,  S.  1881, 
§4435;.R,  S.  1894,  §5912;  R.  S.  1897,  § 6128.) 

1.  SUIT  AGAINST  TOWNSHIP  TRUSTEE.     A  County  Superintendent  may  bring 
an  action  against  a  defaulting  Township  Trustee;  but  his  right  to  bring  such  an 
action   does   not  prohibit  the  successor  of  such  Trustee  suing  his  predecessor. 
Nichols  v.  State,  65  In<l.  512. 

2.  See  Carr  v.  State,  81  Ind.  342,  concerning  the  power  of  County  Superin- 
tendents to  bring  suit. 

[1901,  p.  106.    Approved  and  in  force  March  6, 1901  .J 

94.  Interest  in  private  normal  school.     1.    No  county 
Superintendent  shall  conduct  or  assist  in  the  conducting  of  any 
private  or  county  normal  school  in  this  State,  or  receive  any 
pay  or  emolument  from  the  management  of  such  school. 

95.  Penalty.     2.     Any  person  violating  the  provisions  of 
this  act  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars,  and  shall  be  removed  from  office. 

96.  Duty  of  Prosecuting  Attorney.     3.    It  shall  be  the 
duty  of  the  prosecuting  attorney  to  bring  an  action  in  the  name 
of  the  State  of  Indiana,  on  relation  of  himself,  against  any  one 
violating  the  provisions  of  this  act,  for  the  enforcement  thereof, 
and  he  shall  recover  from  the  defendant  in  such  action  a  reason- 
able attorney  fee. 


SCHOOL   LAW    OF   INDIANA.  Ill 

CHAPTER  VI. 

COUNTY  BOARD  OF  EDUCATION. 

[1877,  i>.  122.    Approved  and  in  force  March  2, 1877.1 

97.  County  Board  of  Education.  8.  The  County  Super- 
intendent and  the  Trustees  of  the  townships,  and  the  Chairman 
of  the  School  Trustees  of  each  town  and  city  of  the  county  shall 
constitute  a  County  Board  of  Education.  Said  Board  shall 
meet  semi-annually  at  the  office  of  the  County  Superintendent 
on  the  first  days  of  May  and  September  (unless  the  said  days  be 
Sunday,  and  if  so,  on  the  day  following),  a  majority  of  whom 
shall  constitute  a  quorum.  The  County  Superintendent  shall 
preside  at  the  meetings  of  the  Board,  shall  be  allowed  to  vote 
on  all  questions  as  other  members  of  the  same  are  allowed  to 
vote.  •  Said  Board  shall  consider  the  general  wants  and  needs 
of  the  schools  and  school  property  of  which  they  have  charge, 
and  all  matters  relating  to  the  purchase  of  school  furniture, 
books,  maps,  charts,  etc.  The  change  of  text-books,  except 
cities,  and  the  care  and  management  of  township  libraries,  shall 
be  determined  by  such  Board,  and  each  township  shall  conform 
as  nearly  as  practicable  to  its  action ;  but  no  text-book  here- 
after adopted  by  the  County  Board  shall  be  changed  within  six 
years  from  the  date  of  such  adoption,  except  by  unanimous 
vote  of  all  the  members  of  such  Board :  Provided,  That  any 
text-book  heretofore  adopted  by  the  County  Board  of  Educa- 
tion shall  not  be  changed  within  three  years  from  the  date  of 
its  adoption.  (R.  S.  1881,  §4436;  R.  S.  1894,  §5912;  R.  S. 
1897,  §  6129.) 

1.  See  State  v.  Harrison,  67  Ind.  71 ;  Sackett  v.  State,  74  Ind.  491. 

2.  QUORUM,  COURSE  OF  STUDY,  KULES  AND  REGULATIONS,  RECORDS,  ETC. 
In  the  absence  of  the  County  Superintendent  the  Board  may  appoint  one  of  its 
members  president  pro  tern.     No  action  can  be  taken  by  the  Board  unless  a  major- 
ity of  all  the  members  are  present.     If  such  majority  be  present  at  any  meeting 
the  Board  may  take  legal  action  upon  suitable  questions  by  a  majority  vote  of 
those  present ;  but  some  questions  require  a  majority  vote,  and  others  a  unani- 
mous vote,  of  all  the  members  of  the  Board. 

The  Board  may  adopt  a  course  of  study  for  the  district  schools,  and  rules  and 
regulations  for  the  government  thereof,  but  it  should  not  attempt  to  make  rules 
for  the  schools  of  towns  and  cities. 


112  SCHOOL   LAW    OF    INDIANA. 

It  is  very  important  that  school  officers  and  County  Boards  should  make  a 
careful  record  of  their  proceedings.  If  a  Board  takes  any  legal  action,  and  fails 
to  record  it,  or  makes  an  incorrect  record,  the  record  can  be  amended  by  order  of 
the  Board  at  a  subsequent  meeting.  A  legal  act  is  not  necessarily  void  by  reason 
of  a  failure  to  make  a  record  of  it;  but  if  a  question  should  arise  as  to  the  action 
of  a  Board,  evidence  may  be  taken  at  a  subsequent  meeting  outside  the  records, 
and  a  new  record  may  be  made  in  accordance  with  the  fact  as  ascertained. 

The  County  Board  and  Trustees  have  the  right  to  make  such  rules  and  regu- 
lations, according  to  law,  as  will  tend  to  promote  the  general  good  of  the  public 
schools,  and  it  is  the  duty  of  teachers  to  carry  out  such  rules  in  good  faith. 

3.  CAN  NOT  MAKE  CONTRACTS.  The  County  Board  of  Education  has  no  power 
to  make  contracts.     It  is  merely  a  gwost-corporation  with  but  limited  powers,  and 
in  nowhere  authorized  to  contract,  or  sue  or  be  sued.    As  a  Board  it  has  no  control 
of  revenues,  nor  power  to  order  any  expenditure.     But  all  or  any  number  of  the 
Trustees  may  join  together  in  purchasing  or  contracting  for  supplies,  and  such 
action  may  often  be  advisable.     It  is  not,  however,  the  action  of  the  Board. 

4.  ADOPTION  OF  HIGH  SCHOOL  BOOKS.     So  far  as  the  above  section  relates  to 
the  selection  and  adoption  of  text-books  in   the  eight  common  school  branches 
(sec.  77)  it  was  repealed  by  the  text-book  laws  of  1889,  '91  and  '93  (sees.  26  to 
72);  but  text-books  for  high  school  subjects,  in  the  township  graded  schools,  may 
be  adopted  by  the  County  Board  of  Education,   and  their  use  enforced  by  all 
reasonable  rules. 

5.  BOOKS  USED  AND  How  OBTAINED.     The  Legislature  has  the  authority  to 
prescribe  the  course  of  study  and  the  system  of  instruction  that  shall  be  pursued 
and  adopted,  as  well  as  the  books  which  shall  be  used. — State  v.  Haworth,  122 
Ind.  462. 

6.  The  Legislature,  has  the  power  to  require  a  designated  series  of  books  to 
be  used  in  the  schools,  and  to  require  that  the  books  selected  shall  be  obtained  by 
the  school  officers  from  the  person  to  whom  the  contract  for  supplying  them  may 
be  awarded.     It  may  not  only  prescribe  regulations  for  using  the  books  desig- 
nated, but  it  may  also  declare  how  the  books  shall  be  obtained  and  distributed. 
—State  v.  Haworth,  122  Ind.  462. 

7.  ILLEGAL  RULINGS  OP  COUNTY  BOARD  AS  TO  LICENSES.     The  rule  of  a 
County  Board  declaring  that  "no  person  under  the  age  of  twenty  shall  be  licensed 
to  teach  in  this  county  "  is  unauthorized  by  the  statutes,  palpably  unreasonable 
and  unwarranted  in  law. 

8.  ILLEGAL  RULINGS  OF  COUNTY  BOARD  AS  TO  HOLIDAYS.     The  rule  of  the 
County  Board  declaring  that  "no  pay  shall  be  allowed  teachers  for  holidays  that 
fall  on  legal  school  days  "  is  illegal  and  void. 

9.  LIBEL.     A  newspaper  publication,  charging  that  a  County  Superintendent 
of  schools,  for  a  consideration  in  money,  had,  by  the  use  of  his  influence,  induced 
the  County  Board  of  Education  to  order  a  change  in  school  books,  is  a  libel  in  the 
sense  of  the  statute. — Hartford  v.  State,  96  Ind.  461. 

10.  LEGISLATURE  MAY   PRESCRIBE  DUTIES  OF  OFFICERS.     The  power  over 
the  school  system  is  legislative  and  exclusive,  and  the  Legislature  has  authority 
to  impose  upon  all  officers  whose  tenure  is  legislative,  such   duties  respecting 
school  affairs  as  it  deems  proper.     All  such  officers  take  their  offices  cum  onere, 
and  must  do  what  the  Legislature  demands,  or  else  resign. — State  v.  Haworth,  122 
Ind.  462. 


SCHOOL   LAW   OF   INDIANA.  113 

11.  The  County  Board  may  adopt  a  course  of  study  and  compel  every  pupil 
to  take  the  entire  course  in  the  order  prescribed  on  penalty  of  expulsion. 

Our  State  Constitution,  article  8,  section  182,  directs  the  General  Assembly 
"to  provide,  by  law,  for  a  general  and  uniform  system  for  common  schools, 
wherein  tuition  shall  be  without  charge,  and  equally  open  to  all."  As  a  result  of 
this  the  General  Assembly  enacted  sections  11  and  85,  which  provide  for  the 
proper  administration  of  this  "  system  of  common  schools."  To  hold  that  the 
General  Assembly  charged  the  officers  provided  for  in  the  above  cited  sections 
with  the  administration  of  the  school  system,  without  at  the  same  time  investing 
them  with  the  necessary  executive  power  to  enforce  their  administration  would  be 
absurd.  Such  interpetration  of  these  statutes  would  be  the  worst  kind  of  travesty. 
It  would  be  to  render  the  whole  common  school  machinery  not  only  useless  but 
ridiculous. 

The  officers  in  the  before  mentioned  sections  have  the  undoubted  legal  author- 
ity to  adopt  a  course  of  study  and  to  make  all  reasonable  rules  and  regulations 
for  the  proper  carrying  out  of  the  same.  The  teachers,  of  course,  would  have  to 
carry  out  such  rules  as  are  directed  by  the  Trustee  or  School  Board.  But  to 
what  extent  the  officers  would  be  warranted  in  going  to  carry  out  their  reasonable 
rules  is  the  question.  Our  Supreme  Court  in  State  v.  Webber,  108  Ind.  31, 
said : 

"A  rule,  prescribed  by  the  Superintendent  of  the  free  graded  schools  of  a  city, 
with  the  sanction  of  the  Trustees,  that  the  pupils  in  the  high  school  department 
shall,  at  stated  intervals,  employ  a  certain  period  of  time  in  the  study  and  prac- 
tice of  music,  for  which  purpose  they  shall  provide  themselves  with  a  prescribed 
book,  is  an  exercise  of  discretionary  power  conferred  by  law,  and  unless  the  regu- 
lation is  shown  to  be  unreasonable,  or  a  satisfactory  excuse  for  failing  to  comply 
therewith  is  given,  mandamus  will  not  lie  to  compel  the  school  authorities  to  re- 
admit a  pupil  who  has  been  suspended  for  disobedience  thereof." 

There  might  be  some  cases  in  which  it  would  be  reasonable  and  just  to  excuse 
a  pupil  from  taking  the  full  course,  or  in  the  order  prescribed,  but  they  are  ex- 
ceptions. 

It  seems  it  would  be  best  to  educate  the  people  to  see  that  it  is  advantageous 
to  their  children  to  take  all  the  studies,  and  in  the  order  prescribed,  rather  than 
to  resort  to  the  law  to  compel  people  to  do  that  which  is  obviously  to  their  own 
interest.  A  parent  stands  in  his  own  light  when  he  objects  to  having  his  child 
carried  through  the  course  of  study  in  the  sequential  order  of  the  studies. 

12.  ELECTION  OF  TRUANT  OFFICERS.     The  Acts  of  1901  require  the  County 
Board  of  Education  to  meet  on  the  first  Monday  in  May    each   year  to  elect 
Truant  Officers.     See  ''compulsory  education  law,"  section  335,  page  260. 


114  SCHOOL    LAW    OF    INDIANA. 


CHAPTER  VII. 

ADMINISTRATION. 

SEC. 


SEC. 

98.  School  township. 

99.  Towns  and  Cities. 

100.  School  Trustees  in  cities  and  towns. 

101.  Town  abandoning  control  of  schools. 

102.  Conveyance  to  Trustee. 

103.  Charge  of  town  schools. 

104.  Trustees'  bonds — Vacancy. 

105.  Trustees  manage  revenues — Reports. 

106.  Record — Duty  as  to  revenue. 

107.  Annual  statement. 

108.  General  duties. 

109.  Duration  of  school  in  any  year. 

110.  Care  and  management  of  school  prop- 

erty. 

111.  Superintendent  in  cities  and  towns. 

112.  Joint  grade  schools. 

113.  Joint  school  district— Petition. 

114.  Expense  of   establishing— Controlling 

school. 


115.  Expense  of  maintenance. 

116.  Abandonment  of  school  district  or  cor- 

poration. 

117.  Consent  of  voters  to  abandonment. 

118.  Kindergartens. 

119.  Tax  for  kindergartens. 

120.  How  collected. 

121.  Night  schools. 

122.  Age  of  pupil. 

123.  Surplus  special  school  revenue. 

124.  Things  legalized. 

125.  Teachers'  report. 

126.  Trustees'  reports. 

127.  Failure  to  report. 

128.  Neglecting  duties. 

129.  Failing  to  serve. 

130.  Trustees'  accounts. 

131.  Examination  of  Trustee  and  his  books. 

132.  Correction  of  accounts — Removal. 


[1859,  p.  181.    Approved  March  3, 1859,  and  in  force  August  6, 1859.J 

98.  School  Township.  1.  Each  and  every  township  that 
now  is,  or  may  hereafter  be,  organized  in  any  county  in  this 
State,  is  hereby  also  declared  to  be  a  school  township,  and,  as 
such,  to  be  a  body  politic  and  corporate,  by  the  name  and  style 

of" school  township  of county,"  according  to  the 

name  of  the  township  and  of  the  county  in  which  the  same  may 
be  organized ;  and,  by  such  name,  may  contract  and  may  be 
contracted  with,  sue  and  be  sued,  in  any  court  having  competent 
jurisdiction.  E.  S.  1881,  §  4437  ;  R.  S.  1894,  §  5913 ;  R.  S.  1897, 
§  6130.) 

1.  CORPORATIONS  DISTINCT.  "  There  are  two  corporations  in  Greene  County 
[conterminous  in  territory],  with  almost  the  same  name.  *  *  *  The  first  is 
denominated  a  civil  township,  the  second  a  school  township.  *  *  It  must 

be  contemplated  that  the  funds,  etc.,  of  these  two  corporations  shall  be  kept  sep- 
arate. It  is  as  an  officer  of  the  school  township,  and  not  as  an  officer  of  the  civil 
township,  that  the  Trustee  has  authority  and  power  to  levy  a  tax  for  the  erection 
of  school  houses,  and  to  expend  the  same  for  that  purpose.  We  think  it  must 
follow  that  it  is  as  Trustee  of  the  school  township,  and  not  as  Trustee  of  the  civil 
township,  that  the  Trustee  must  contract  for  the  building  of  school  houses.  We 
do  not  think  the  Trustees  of  the  civil  township  can  legally  contract  for  the  build- 
ing of  a  school  house  and  make  the  civil  township  liable  therefor." — Carmichael 
v.  Lawrence,  47  Ind.  554;  Utica  Township  v.  Miller,  62  Ind.  230;  Harrison  School 
Township  v.  McGregor,  96  Ind.  185;  Johnson  v.  Smith,  64  Ind.  275;  Inglis  v. 
State,  61  Ind.  212;  Wrights  Stockman,  59  Ind.  65;  Wingate  v.  Harrison  School 
Township,  59  Ind.  520.  A  civil  township  has  no  power  to  make  a  contract  for  the 


SCHOOL    LAW    OF    INDIANA.  115 

benefit  of  school  property. — Jackson  Townships.  Barnes,  55  Ind.  136;  Jackson 
Township  v.  Home  Insurance  Company,  54  Ind.  184;  McLaughlin  v.  Shelby  Town- 
ship, 52  Ind.  114;  Mclhvaine  v.  Adams,  46  Ind.  580;  Hornby  v.  State,  69  Ind.  102. 

2.  INTENTIONS  CONSIDERED.     But   a  note,  showing  on  its  face  that  it  was 
given  in  payment  for  articles  furnished  for  the  use  of  schools,  though  executed 
by  a   Trustee    apparently  in  the  name  of    the  civil  township,  binds  the  school 
township. — Moral   School  Township  v.   Harrison,   74  Ind.   93;   Johnson   School 
Township  v.  Bank,   81  Ind.  515;   Jackson  School  Township  v.  Hadley,  59  Ind. 
534;  White  v.  Kellogg,  119  Ind.  320. 

3.  WILL.     A  devise  by  will,  for  the  support  of  the  public  schools,  can  be 
made  to  a  township ;  and  a  devise  to  a  township,  without  saying  whether  to  the 
school  or  the  civil  township  is  a  devise  to  the  school  township. — Skinner  v.  Harri- 
son Township,  116  Ind.  139. 

4.  SUIT  ON  OFFICIAL  BOND.     A  Township  Trustee  may  be  the  relator  in  a 
suit  upon  the  official  bond  of  his  predecessor,  to  recover  moneys  due  the  civil 
township,  and  also  moneys  due  the  school  township;  and  under  a  proper  com- 
plaint there  may  be  a  recovery  for  funds  of  either  or  both  of  the  corporations ; 
but  on  a  complaint  in  which  he  sues  only  as  trustee  of  the  civil  township,  he  can 
not  recover  money  due  to  the  school  township. — Steinmetz  v.  State,  47  Ind.  465. 

5.  CIVIL  TOWNSHIP  CAN  NOT  BUILD  A  SCHOOL  HOUSE.     A  civil  township 
has  no  authority  to  make  a  contract  for  the  erection  of  a  school  house;  and  if  it 
sue  on  a  contract  for  the  erection  of  a  school  house,  the  complaint,  though  it  may 

-state  a  good  cause  of  action  in  favor  of  the  school  township,  will  be  bad  on  de- 
murrer. McLaughlin  v.  Shelby  Township,  52  Ind.  114;  Utica  Township  v.  Miller, 
62  Ind.  230.  A  town  organized  as  a  school  corporation  is  the  proper  plaintiff  in 
an  action  to  recover  land  previously  deeded  for  school  purposes  to  the  school 
township  in  which  it  is  situated. — Newpoint  Lodge  v.  Town  of  Newpoint,  138 
Ind.  141. 

6.  PLEADINGS  MUST  DESIGNATE  THE  CORPORATION — CIVIL  OR  SCHOOL.   Where 
an  action  is  brought  against  a  township,  and  the  township  name,  merely,  is  given, 
it  is  conclusively  presumed  that  the  action  is  against  the  civil  township.     To  make 
a  complaint  effective  against  the  school  corporation,  it  must,  by  appropriate  aver- 
ments, designate  the  school  township,  or  its  representation.     It  should  be  against 
the   "school  township  trustee." — Jarvis  v.  Robertson,   126  Ind.   281;  Braden  v. 
Leibenguth,  126  Ind.  336. 

7.  SUIT  AGAINST  SCHOOL  TRUSTEES  OF  TOWN  OR  CITY.     An  action  to  recover 
from  a  city  or  town  school  board,  should  be  brought,  not  against  such  trustees,  but 
against  the  school  corporation,  by  the  name  and  style  of  "The  school  city  of 
,"  filling  the  blank  with  the  name  of  the  city. — Sims  v.  McClure,  52  Ind.  267. 

8.  SUIT  AGAINST  TOWNSHIP  AND  NOT  AGAINST  TRUSTEE  PERSONALLY.     A 
summons  reading,  "You  are  hereby  commanded  to  summons  trustee  Cicero  school 
township,  etc.,"  sufficiently  indicates  that  the  action  is  against  the  township,  and 
not  against  the  trustee  personally,  and  the  township  is  bound  to  take  notice  of  the 
pendency  of  the  action. — Vogel  v.  Brown  Tp.,   112  Ind.  299;  distinguished  in 
Cicero  School  Tp.  v.  Chicago  National  Bank,  127  Ind.  79. 

9.  SUIT  FOR  SCHOOL  TAXES.     An  action  against  a  civil  township  for  school 
taxes  is  bad  on  demurrer. — Wright  v.  Stockman,  59  Ind.  65. 

10.  No  AUTHORITY  TO  BORROW  MONEY— LIABILITY  FOR  BORROWED  MONEY. 
There  are  restrictive  provisions  [in  the  school  law]  which,  fairly  construed,  must 


116  SCHOOL    LAW    OF    INDIANA. 

be  held  to  deny  the  authority  to  negotiate  loans. — First  National  Bank  v.  Union 
School  Tp.,  75  Jnd.  361.  But  if  a  Trustee  borrows  money  to  build  a  needed  and 
suitable  school  house,  the  school  township  receiving  the  benefit  will  be  liable 
therefor. — Bicknell  v.  Widner  School  Tp.,  73  Ind.  501.  But  in  such  case  it  must 
be  averred  and  proved  that  the  school  township  received  the  benefit  of  the 
moneyt — .Reeve  School  Tp.  v.  Dodson,  98  Ind.  497;  Union  School  Tp.  v.  First 
National  Bank,  102  Ind.  464;  Cicero  School  Tp.  v.  Chicago  National  Bank,  75 
Ind.  361,  368;  Pine  Civil  Tp.  v.  Huber  Mfg.  Co.,  83  Ind.  121;  Lebanon  National 
Bank  v.  Clinton  School  Tp.,  24  Ind.  App.  359;  Clinton  School  Tp. •  v.  Lebanon 
National  Bank,  18  Ind.  App.  42;  Oppenheim  v.  Jackson  School  Tp.,  22  Ind.  App. 
521.  And  that  there  was  no  fraud  practiced  in  the  execution  of  the  note. — Boyd 
v.  Mill  Creek  School  Tp.,  124  Ind.  193.  See  also  Grimsley  v.  State,  116  Ind. 
130;  State  v.  Howes,  112  Ind.  323;  Kittenger  v.  Monroe  School  Tp.,  3  Ind.  App. 
411;  Messick  v.  Midland  Ry.  Co.,  128  Ind.  81.  Such  were  the  decisions  previous 
to  1899,  but  now  a  Trustee  can  not  borrow  money;  the  Township  Advisory  Board 
must  authorize  loans  to  render  them  valid. 

11.  CONTRACTS  OF  TRUSTEE — NOTICE.     In  dealing  with  the  Trustee  of  a  school 
township,  all  persons  are  bound  to  take  notice  of  his  official  and  fiduciary  char- 
acter, and  to  know  that  he  can  only  bind  his  township  by  contracts  which  are 
shown  to  be  authorized  by  law. — Bloomington  School  Tp.,  v.  National,  etc.,  107 
Ind.  43;  Union  School  Tp.  v.  First  National  Bank,  102  Ind.  464;  Kittenger  v. 
Monroe  School  Tp.,  3  Ind.  App.  411 ;  State  v.  Board,  147  Ind.  235;  Clinton  School 
Tp.  v.  Lebanon  National  Bank,  18  Ind.  App.  42;  Davis  v.  Steuben  School  Tp.,  19 
Ind.  App.  694;  Board  v.  Galloway,  17  Ind.  App.  689;  Board  v.  Hemphill,  14  Ind. 
App.  219;  Snoddy  v.  Wabash  School  Tp.,  17  Ind.  App.  284;  First  National  Bank 
v.   Adams  School  Tp.,  17  Ind.  App.  375;  Austin  Mfg.  Co.  v.  Smithfield  Tp.,  21 
Ind. ;  App.  609. 

12.  SCHOOL  SUPPLIES  —  NECESSARY   AVERMENTS.     A  complaint  against  a 
school  township  on  a  contract  for  school  supplies  to  be  good  must  allege  that  such 
supplies  are  necessary  and  suitable  for  the  use  of  the  public  schools  of  the  town- 
ship,  and  that  they  have  been  delivered  to  and  accepted  by  such  township. — 
Bloomington  School  Tp.  v.  National,  etc.,   107  Ind.  43.     As  to  sufficiency  of  a 
complaint,  see  First  National  Bank  v.  Adams  School  Tp.,  17  Ind.  App.  375;  Clin- 
ton School  Tp.  r.  Lebanon  National  Bank,  18  Ind.  App.  42.     And  that  there  was 
DO  collusion  to  defraud.— Boyd  v.  Mill  Creek  School  Tp.,  124  Ind.  193;  Kittenger 
v .  Monroe  School  Tp.,  3  Ind.  App.  411.     Where  the  suit  is  for  school  supplies  fur- 
nished, school  teachers  may  testify  concerning  their  usefulness  and  the  necessity 
of  their  purchase. — Litten  v.  Wright  School  Tp.,  1  Ind.  App.  92. 

13.  BANK  DEPOSIT — PROMISSORY  NOTE.    When  a  Trustee  of  a  school  corpora- 
tion  executes   promissory   notes   in  the  name  of  the  corporation,   deposits  the 
money  in  his  own  name,  and  draws  it  out  upon  checks  signed  by  himself  as  an 
individual,  he  becomes  the  creditor  of  the  bank  for  such  deposits,  and  the  trans- 
action is  one  between  the  bank  and  its  depositor. — Union  School  Tp.  v.   First 
National  Bank,  102  Ind.  464. 

14.  No  LIABILITY — WHEN  TRUSTEE  HAS  SCHOOL  FUNDS  IN  His  HANDS — 
NOTE  VOID.     When  the  Trustee  has  money  in  his  hands  derived  from  the  school 
revenue  or  funds,  the  lender  of  money  can  not  be  subrogated  to  the  rights  of  the 


SCHOOL    LAW    OF    INDIANA.  117 

persons  holding  claims  against  the  school  corporation. — Union  School  Tp.  v.  First 
National  Bank,  102  Ind.  464;  Clinton  School  Tp.  v.  Lebanon  National  Bank,  18 
Ind.  App.  42;  Killian  r.  State,  15  Ind.  App.  261. 

15.  FRAUDULENT  ISSUE  OF  CERTIFICATES  OR  ORDERS.     If  by  a  conspiracy 
certificates  or  orders  are  issued  they  are  void,  and  even  though  the  township  has 
not  rescinded  the  contract,  and  retains  the  benefit  thereof,  it  is  not  bound  upon 
such  fraudulent  certificate  or  order,  and  the  assignee  is  not  entitled  to  recover  the 
actual  value  of  goods  furnished  the  township. — Boyd  v.  Mill  Creek  School  Tp., 
24  Ind.  193. 

16.  ORDERS  WITHOUT  CONSIDERATION  VOID — ESTOPPEL.     If  a  Trustee  issues 
orders  or  certificates  in  the  name  of  his  township  without  consideration,  such 
order  or  certificate  is  invalid  and  void,  and  in  such  case  no  act,  conduct  or  promise 
of  the  Trustee  or  his  successors  in  office  will  estop  the  township  from  pleading  the 
want  of  consideration  as  sufficient  defense  to  any  suit  against  the  township  upon 
such  order  or  certificate. — Axt  v.  Jackson  School  Tp.,  90  Ind.  101. 

17.  STATUTE  OF  LIMITATION — TIME  OF  FILING  COMPLAINT.     An  amendment 
to  a  complaint  has  reference  to  the  time  at  which  the  complaint  was  filed.     Where 
a  town  was  sued  as  a  school  corporation,  but  not  specifically  described  as  such, 
the  time  of  filing  an  amended  complaint — if  the  statute  of  limitations  intervene — 
relates  back  to  the  time  of  filing  the  original  complaint. — Schooltown  of  Monti- 
cello  v.  Grant,  104  Ind.  168. 

18.  JUDICIAL  KNOWLEDGE.     The  Supreme  Court  will  take  judicial  knowledge 
that  the  Township  Trustee  is  the  Trustee  of  the  school  township. — State  v.  Mc- 
Donald, 106  Ind.  233.     But  it  will  not  take  judicial  knowledge  of  the  names  of 
the  townships  of  a  county. — Bragg  r.  Board,  34  Ind.  405. 

19.  DE  FACTO  OFFICERS.     The  contract  of  a  de  facto  Township  Trustee,  if 
otherwise  valid,  is  binding  upon  the  township. — School  Town  of  Milford  v.  Zeigler, 
1  Ind.  App.  138. 

20.  LIVERY  HIRE.     A  township  is  not  liable  for  the  hire  of  a  livery  team 
employed  by  the  Trustee  to  enable  him  to  attend  to  the  township's  business. — 
State  i'.  Board,  147  Ind.  235. 

21.  OFFICE  RENT.     The  township  is  not  liable  for  the  Trustee's  office  rent. — 
State  v.  Board,  147  Ind.  235. 

22.  TOWNSHIP  ORDER.     A  township  order  can  not  be  assigned  so  as  so  cut  off' 
any  defense  the  township  may  have  against  it.     Davis  v.  Steuben  School  Tp.,  19 
Ind.  App.  694;  First  National  Bank  v.  Osborne,  18  Ind.  App.  442. 

23.  JUDGMENT  ON  TOWNSHIP  ORDER.     But  when  a  judgment  has  been  ren- 
dered on  a  township  order,  the  Trustee  who  succeeds  the  Trustee  in  whose  term  it 
\\as  rendered  can  not  have  it  set  aside  in  order  to  defend  against  the  order. — 
Davis  v.  Steuben  School  Tp.,  19  Ind.  App.  694. 

24.  LIABILITY  ON  INDORSEMENT.     A  Trustee  is  not  liable  on  his  endorsement 
on  a  township  order,  nor  on  his  statement  that  it  is  valid  and  will  be  paid.— 
Fowler  National  Bank  v.  Brown,   19  Ind.  App.  433;    First   National   Bank  v. 
Osborne,  18  Ind.  App.  442. 

25.  ESTOPPEL  TO  DENY  DEBT.     The  approval  of  the  report  of  the  Trustee, 
setting  out  that  he  had  borrowed  money  for  the  necessary  use  of  the  township, 


118  SCHOOL    LAW    OF    INDIANA. 

does  not  estop  or  prevent  the  township  denying  the  validity  of  the  debt. — Timmons 
t>.  Pine  School  Tp.,  22  Ind.  App.  93. 

26.  ATTOENEY  FEE  IN  NOTE.     A  township  is  not  liable  on  its  agreement  in 
a  note  to  pay  an  attorney  fee. — Snoddy  v.  Wabash  School  Tp.,  17  Ind.  App.  284. 

27.  TOWNSHIP   ADVISORY    BOARD   LAW.     All  the  foregoing  decisions  were 
rendered  before  the  Township  Advisory  Board  Law  was  in  force.     All  contracts 
now  in  violation  of  that  law  are  void.     See  section  340. 

99.  Towns  and  cities.  4.  Each  civil  township  and  each 
incorporated  town  or  city  in  the  several  counties  of  the  State  is 
herehy  declared  a  distinct  municipal  corporation  for  school  pur- 
poses, hy  the  name  and  style  of  the  civil  township,  town  or  city 
corporation  respectively,  and  by  such  name  may  contract  and 
he  contracted  with,  sue  and  be  sued,  in  any  court  having  com- 
petent jurisdiction ;  and  the  Trustee  of  such  Township,  and  the 
Trustees  provided  for  in  the  next  section  of  this  act,  shall,  for 
their  township,  town,  or  city,  be  School  Trustees  and  perform 
the  duties  of  Clerk  and  Treasurer  for  school  purposes.  (R.  S. 
1881,  §  4438;  E,  S.  1884,  §  5914;  R.  S.  1897,  §  6131.) 

1.  CORPORATE  NAMES.     It  has  been  decided,  in  very  many  cases,  that  the 

name  of  the  school  corporation  is  "the  School  Town  (or  city)  of ,"  or  "School 

Township  of County,"  and  that,  in  this  name,  it  must  sue  and  be  sued;  that 

instead  of  a  distinct  function  bestowed  on  the  civil  or  municipal  corporation,  an 
independent  and  distinct  corporation,  for  school  purposes  only,  is  created  by  this 
section;  and  that  section  98  is  still  in  force.— Carmichael  v.  Lawrence,  47  Ind. 
554;  City  of  Huntington  v.  Day,  55  Ind.  7;  Jarvis  v.  Shelby,  62  Ind.  257;  Har- 
rison v.  McGregor,  67  Ind.  380. 

2.  CORPORATIONS  INDEPENDENT.     Each  civil  township  and  each  incorporated 
town  and  city  is  a  distinct  school  corporation,  entitled  to  receive  and  expend  its 
proper  school  moneys  independent  of  any  control  by  any  other  such  corporation. 
— Johnson  t».  Smith,  64  Ind.  275;  Campbell  v.  City  of  Indianapolis,  155  Ind.  — 
same  case,  57  N.  E.  Kep.  920. 

3.  DESIGNATIONS  IN  SUITS.     The  character  in  which  an  incorporated  town 
may  sue  or  be  sued  as  a  school  corporation  may  be  designated  either  in  the  title 
of  the  action,  as  a  school  corporation,  or  in  the  complaint,  by  an  allegation  of  that 
fact.— Town  of  Noblesville  v.  McFarland,  57  Ind.  335;  but  see  Steinmetz  v.  State, 
47  Ind.  465;  Kobinson  v.  State,  60  Ind.  26;  Inglis  v.  State,  61  Ind.  212. 

4.  PROPERTY  AND   REVENUES.     When  a  village  becomes  incorporated  the 
school  town  thus  created  becomes,  as  Trustee  by  statute,  the  successor  of  the  town- 
ship in  the  right  to  the  possession  and  control  of  school  property  within  its  territory. 
— School  Town  of  Leesburg  v.  Plain  Township,  86  Ind.  582.    And  as  soon  as  School 
Trustees  are  appointed  and  qualified  they  have  a  right  to  demand  and  receive  of 
the   Town    Trustee   whatever   sums  of  money  he  has  received  by  reason  or  on 


SCHOOL    LAW    0V    INDIANA.  119 

account  of  the  school  children  residing  within  or  transferred  to  the  town,  and  he 
can  not  lawfully  withhold  it  on  any  ground.  He  received  and  held  it  in  trust  for 
those  children.  Johnson  v.  Smith,  64  Ind.  275. 

5.  CORPORATIONS  DISTINCT.     A  civil  township  and  the  school  township  of  the 
same  territory  are  distinct  corporations,  and  each  must  sue  and  be  sued  in  its  own 
proper  corporate  name,  and  neither  can  sue  in  the  name  of  the  other,  or  in  that 
of  the  Township  Trustee.     So  also  a  civil  town  and  the  school  town  are  distinct 
corporations,  which  must  sue  and  be  sued  in  its  own  corporate  name. — Wright  v. 
Stockton,  59  Ind.  65. 

6.  POWER  OF  SCHOOL,  CITY.     A  city  organized  under  the  general  law  for  the 
incorporation  of  cities  has  no  power  to  buy  or  give  its  promissory  notes  for  a  county 
seminary,  though  for  school  purposes   in  the  city.     That  power  belongs  to  the 
school  corporation  of  the  city. — State  v.  City  of  Terre  Haute,  87  Ind.  212. 

7.  DIVISION  OF  KEVENUES.     Where  money  has  been  apportioned  to  a  school 
township  and  received  by  the  Trustee  thereof,  some  of  which  belongs  to  a  school 
town  afterward  organized,  and  he  refuses  to  pay  it  over,  he  may  be  compelled  by 
mandate  to  do  so,  and  the  School  Trustees  of  the  town  are  the  proper  relators  in 
such  a  suit. — Hon  v.  State,  89  Ind.  249. 

8.  PROPERTY  OF  SCHOOL  CORPORATON.'     Eeal  estate  and  buildings  held  by  a 
school  corporation  for  school  purposes  are  subject  to  appropriation  for  highways 
as  is  private  property. — Rominger  v.  Simmons,  88  Ind.  453. 

9.  JUDICIAL  NOTICE.     The  courts  will  not  take  judicial  notice  of  a  township 
organization,  nor  its  name. — Bragg  v.  Board  of  Commissioners,  34  Ind.  405;  Swails 
v.  State,  4  Ind.  516. 

10.  ACTION.     In  dealing  with  a  Trustee  of  a  school  township,  all  persons  are 
bound  to  take  notice  of  his  official  character,  and  to  know  that  he  can  only  bind 
his  township  by  contracts  which  are  shown  to  be  authorized  by  law.     There- 
fore, a  complaint  against  a  school  township  on  a  contract  for  school  supplies,  to 
be  good,  must  allege  that  such  supplies  are  necessary  and  suitable  for  the  use  of 
the  public  schools  of  the  township,   and  that  they  have  been  delivered  to  and 
accepted  by  such  township. — Bloomington  School  Township  v.  National  School 
Furnishing  Company,  107  Ind.  43;  Platter  v.  Board,  103  Ind.  360;  Summers  v. 
Board,  103  Ind.  262;  Eeeve  School  Township  v.  Dodson,  98  Ind.  497;  Axt  v.  Jack- 
son School  Township,  90  Ind.  101;  Pine  Civil  Township  v.  Huber,  etc.,  83  Ind. 
121 ;  Kittenger  v.  Monroe  School  Tp.,  3  Ind.  App.  411. 

11.  SUMMONS.     A  summons  in  an  action  against  a  township  must  be  issued 
against  the  township;  and  if  issued  against  the  Trustee  of  such  township  a  judg- 
ment thereon  against  the  township  is  void. — Vogel  v.  Brown  School  Township,  112 
Ind.  317 ;  Vogel  v.  Brown  Township,  112  Ind.  299. 

[1875,  p.  135.    Approved  and  in  force  March  12, 1875.]  • 

100.  School  Trustees  in  cities  and  towns.  5.  The  Com- 
mon Council  of  each  city  and  the  Board  of  Trustees  of  each 
incorporated  town  of  this  State  shall,  at  their  first  regular 
meeting  in  the  month  of  June,  elect  three  School  Trustees  who 
shall  hold  their  office,  one,  two  and  three  years  respectively,  as 


120  SCHOOL    LAW    OF    INDIANA. 

said  Trustees  shall  determine  by  lot  at  the  time  of  their  organi- 
zation, and,  annually  thereafter,  shall  elect  one  School  Trustee, 
who  shall  hold  his  office  for  three  years.  Said  Trustees  shall 
constitute  the  School  Board  of  the  city  or  town  ;  and,  before  en- 
tering upon  the  duties  of  their  office,  shall  take  an  oath  faith- 
fully to  discharge  the  duties  of  the  same.  They  shall  meet 
within  five  days  after  their  election,  and  organize  by  electing 
one  of  their  number  as  president,  one  as  secretary,  and  one  as 
treasurer.  The  treasurer,  before  entering  upon  the  duties  of 
his  office,  shall  execute  a  bond,  to  the  acceptance  of  the  County 
Auditor,  conditioned  as  in  ordinary  official  bonds,  with  at  least 
two  sufficient  freehold  sureties,  who  shall  not  be  members  of  said 
Board,  in  a  sum  not  less  than  double  the  amount  of  money  which 
may  come  into  his  hands,  within  any  one  year,T)y  virtue  of  his 
office.  The  president  and  secretary  shall  each  give  bond,  with 
like  sureties,  to  be  approved  by  the  County  Auditor,  in  any  sum 
not  less  than  one-third  of  the  treasurer's  bond.  All  vacancies 
that  may  occur  in  said  Board  of  School  Trustees  shall  be  filled 
by  the  Common  Council  of  the  city  or  Board  of  Trustees  of 
the  town ;  but  such  election  to  fill  a  vacancy  shall  only  be  for 
the  unexpired  term.  The  Board  of  School  Trustees  shall,  each 
year,  within  five  days  after  the  annual  election  of  a  member,  reor- 
ganize their  Board  and  execute  their  respective  bonds  for  the 
ensuing  year.  Said  Trustees  shall  receive  for  their  services  such 
compensation  as  the  Common  Council  of  the  city  or  the  Board 
of  Trustees  of  the  town  may  deem  just;  which  compensation 
shall  be  paid  from  the  special  school  revenue  of  the  city  or 
town.  (R.  S.  1881,  §4439;  R.  S.  1894,  §5915;  R.  S.  1897, 
§  6132.) 

1.  TOWN  TRUSTEE.     A  Town  Trustee  of  an  incorporated  town  may  be  elected 
to  the  office  of  School  Trustee.— State  v.  Meyer,  60  Ind.  288. 

2.  TIME  OF  ELECTION.     As  to  the  time  of  election,  this  section  is  merely  di- 
rectory; and  if  omitted  at  the  time  it  may  be  made  afterward. — Sackett  v.  Fore- 
man, 74  Ind.  486;  Minnick  v.  State,  154  Ind.  387. 

3.  RESIGNATIONS.     A  resignation  of  a  town  or  city  School  Trustee  should  be 
addressed  to  the  body  that  elects,  and  is  complete  without  formal  acceptance;  yet 
its  withdrawal  even  after  acceptance  but  with  the  consent  of  the  electing  body  is 
equivalent  to  a  reappointment.     In  case  of  such  resignation  an  election  to  fill  the 
vacancy  may  be  held  before  the  day  set  for  the  resignation  to  take  effect. — Leach 
v.  State,  78  Ind.  570. 

4.  POWER  AS  TO  VACCINATION.     School  Trustees  have  the  power,  as  a  meas- 
ure of  public  safety  and  to  guard  against  a  contagious  disease,  to  order  school. 


SCHOOL  LAW  of  INDIANA.  121 

children  to  be  vaccinated,  but  they  should  exercise  it  with  discretion.  In  some 
localities  there  is  no  earthly  danger  of  small-pox ;  in  others — as  a  crowded  city — 
when  the  disease  has  made  its  appearance  immediate  measures  should  be  taken. 

5.  PURCHASE  OF  GROUND.     The  School  Trustees  can  not  purchase  ground  or 
enter  into  contracts  for  building  except  with  the  approval  of  the  Common  Council 
or  Town  Trustees. 

6.  OFFICE  LUCRATIVE.     As  the  statute  provides  for  the  compensation  of  Town 
School  Trustees,  their  office  is  a  lucrative  one  within  the  meaning  of  the  Constitu- 
tion, and  a  person  can  not  hold  it  at  the  same  time  with  another  lucrative  office. 
—Chambers  v.  State,  127  Ind.  365. 

7.  SUIT  AGAINST  TOWNS.     A  complaint  against  a  school  town  alleging  the 
employment  of  plaintiff  by  the  defendant  to  teach  school  and  breach  of  the  con- 
tract, is  sufficient  without  alleging  employment  by  the  Trustees  of  the  town  or 
that  the  town  was  incorporated,  or  that  there  was  a  Board  of  Trustees.     In  such 
a  case    a  paragraph   of   a   complaint   founded   on  an  account  is  good. — School 
Town  of  Rochester  v.  Shaw,  100  Ind.  268. 

8.  OFFICER  DE  FACTO.     Pending  suit   to  determine  who  is  School  Trustee, 
the  courts  will  compel  the  County  Auditor  to  recognize  the  Trustee  in  possession. 
Leach  v.  Cassidy,  23  Ind.  449.     Hold-over  Trustees  can  bind  the  school  corpora- 
tion.—School  Town  of  Milford  v.  Zeigler,  1  Ind.  App/138. 

9.  AMENDMENT  OF  1875.     This  section  was  amended  in  1875,  and  it  super- 
seded and  took  the  place  of  the  amendment  of  1873  (Acts  1873,  p.  68). — Blake- 
more  v.  Dolan,  50  Ind.  194. 

10.  ABOLISHING  OFFICE.     The  Legislature  may  abolish  the  office  of  School 
Trustee,    or   shorten    or    lengthen   the    term    thereof. — Blakemore  v.  Dolan,  50 
Ind.  194. 

11.  OLD  BOARD'S  CONTRACT.     A  contract  made  by  the  Board  of  School  Trus- 
tees of  an  incorporated  town  or  city  with  a  school  superintendent  or  a  teacher, 
prior  to  the  annual  election  in  June,  of  a  new  member  of  the  Board,  and  the  re- 
organization required  by  statute,  for  services  to  be  performed  after  the  election  of 
such  member,  is  valid  and  binding  on  the  school  corporation. — Reubelt  v.. School 
Town  of  Noblesville,  106  Ind.  478. 

12.  MANDAMUS.     Mandamus   lies  to  compel  a  school  officer  to  deliver  the 
records,  books  and  papers  of  the  office  to  his  successor.     Frisbie  v.  Clarksville,  78 
Ind.  269 :  and  to  compel  the  Trustees  of  a  town  or  city  to  elect  School  Trustees. 

13.  EXTENDING  TERM.     The  provisions  of  the  Constitution  (R.  S.  1881,  §225; 
R.  S.  1894,  §225;  R.  S.  1897,  §225)  extending  the  regular  terms  of  officers  until 
their  successors  "shall  have  been  elected  and  qualified,"  applies  to  School  Trus- 
tees, and  such  Trustees  continue  in  office  until  their  successors  have  not  only  been 
elected  but  have  taken  their  oath  of  office  and  have  filed  their  official  bonds. 
—School  Town  of  Milford  v.  Powner,  126  Ind.  528. 

14.  BOARD  ACTS  AS  A  UNIT.     The  Board  must  act  as  a  body,  not  as  individ- 
uals, the  majority  ruling;  and  their  action  should  be  recorded. 

But  where  one  of  the  School  Trustees  of  a  town  signed  a  contract  of  employ- 
ment with  a  teacher  in  one  of  the  schools  of  the  town,  and  at  a  called  meeting  the 
contract  was  adopted  by  the  Board  and  signed  by  another  member,  it  became 
binding  upon  the  town. — School  Town  of  Milford  v.  Powner,  326  Ind.  528. 

15.  VALIDITY  OF  RULES   AND  REGULATIONS.     Regulations  adopted  by  per- 
sons in  charge  of  a  school  are  analogous  to  by-laws  enacted  by  municipal  and 


122  SCHOOL   LAW   OF   INDIANA. 

other  corporations,  and  both  will  be  annulled  by  the  courts  when  found  to  be  un- 
authorized, against  common  right,  or  palpably  unreasonable.  -State  v.  White,  82 
Ind.  278. 

16.  CITY  COUNCILMAN.     The  office  of  City  Councilman   is  not   a  lucrative 
office  within  the  meaning  of  the  Constitution. — State  v.  Kirk,  44  Ind.  401. 

17.  JUSTICE  OF  THE  PEACE  CAN  NOT  SERVE  AS  TRUSTEE.     A  Justice  of  the 
Peace  can  not  serve  as  School  Trustee. — See  $  176  State  Constitution.     Post. 

18.  ASSENT  OF  MAJORITY.     A  majority  of  the  Board,   at  a  legal  meeting, 
must  consent  to  an  order  to  render  it  valid.— City  of  Logansport  v.  Dykeman,  116 
Ind.  15. 

19.  REASONABLENESS  OF  RULES.     Rules  must  be  reasonable  under  the  cir- 
cumstances.— Fertich  v.  Michener,  111  Ind.  472.     Any  rule  of  the  school  not  sub- 
versive of  the  rights  of  the  children  or  parents,  or  in  conflict  with  humanity  and 
the  principles  of  the  divine  law,  which  tend  to  advance  the  objects  of  the  law  in 
establishing  public  schools,  must  be  considered  reasonable  and  proper. — Fertich  v. 
Michener,  111  Ind.  472. 

20.  CITY  CLERK.     The  office  of  City  Clerk  is  not  an  office  "under  the  State," 
within  the  meaning  of  section  376,   State  Constitution. — Mohan  v.  Jackson,  52 
Ind.  599. 

21.  ACCEPTANCE  OF  LUCRATIVE  OFFICE.     If  an  officer  holding  one  lucra- 
tive office  accepts  another,  the  acceptance  of  the  second  vacates  the  first. — Howard 
v.  Shoemaker,  35  Ind.  Ill ;  Mohan  v.  Jackson,  52  Ind.  599. 

22.  AUTHORITY  TO  ADOPT  RULES.     The  School  Board  and  school  authori- 
ties have  the  power  to  adopt  rules  and  regulations  for  the  government  of  the 
schools  under  their  control. — Fertich  v.  Michener,  111  Ind.  472. 

23.  RULES  OF  SUPERINTENDENT  OR  TEACHER   BINDING  ON  PUPILS.      Any 
reasonable  rule  adopted  by  the  superintendent  or  teacher,  not  inconsistent  with 
some  statute  or  some  rule  prescribed  by  higher  authority,  is  binding  upon  the 
pupils. — Fertich  v.  Michener,  111  Ind.  472. 

24.  GRADATION  OF  PUPILS.     When  a  child  has  graduated  from  one  depart- 
ment it  is  ineligible  to  that  department  again. 

25.  WHEN  Two  BOARDS  ACT  TOGETHER.     When  two  Boards  act  together  a 
majority  of  the  whole  Board  of  Trustees,  whether  such  majority  come  from  one 
corporation  entirely,  or  from  different  corporations  interested,  have  the  power  to 
transact  any  and  all  business. — Hanover  School  Township  v.  Gant,  125  Ind.  557. 

26.  RATIFICATION  OF  CONTRACTS.     Contracts  may  be  ratified  by  the  Board 
either  by  special  resolution  or  by  acquiescence. 

27.  DEFALCATION — LIABILITY   OF   MEMBERS  OF  BOARDS.     A  Trustee  who 
has  had  no  part  in  the  misapplication  of  funds  is  not  liable  therefor. — State  r. 
Julian,  93  Ind.  292. 

28.  CONTRACTS  WITH  DE  FACTO  TRUSTEES.     The  contracts  of  de  facto  Trus- 
tees with  teacher  is  binding  upon  their  school  corporation ;  and  in  an  action  by 
such  teacher  on  the  contract,  the  validity  of  their  acts  as  officers  can  not  be  called 
in  question. — School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

29.  ACQUIESCENCE  IN  ILLEGAL  ELECTION  OF  OFFICERS.     After  six  years  of 
acquiescence  and  approval  on  the  part  of  the  school  town  in  the  election  and 
serving  of  certain  persons  acting  as  School  Trustees,  third  persons  dealing  with 
them  have  the  right  to  presume  that  they  are  at  least  officers  defcwto. — School 
Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 


SCHOOL    LAW    OF    INDIANA.  123 

30.  HIRING  OF  TEACHER  BY  OLD  SCHOOL,  BOARD.     A  board  of  School  Trus- 
tees (not  a  Township  Trustee,  #  239),  after  their  successors  have  been  elected,  and 
before  they  are  entitled  to  serve  as  officers,  may  hire  a  teacher  for  the  year  be- 
ginning after  their  terms  of  office  will  expire. — School  Town  of  Milford  v.  Zeigler 
1  Ind.  App.  138.     A  School  Trustee  of  a  township  can  not  ignore  his  predecessor's 
contract,  because  of  mere  formal  and  technical  defects. — Sparta  School  Tp.  v. 
Mendell,  138  Ind.  188.     (See  §  239.) 

31.  SIGNING  CONTRACT.     If  the  School  Board  in  session  hire  a  teacher,  the 
contract  with  him  may  be  signed  at  different  times ;  and  a  signing  by  a  majority 
of  the  Trustees  is  sufficient. — School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

32.  ABOLISHING  SCHOOL — EFFECT  ON  TEACHER'S  CONTRACT.    A  contract  with 
a  teacher  to  teach  can  not  be  annulled  by  abolishing  the  school  he  was  to  have 
taught.— School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

33.  MAJORITY  OF  TRUSTEES  SUFFICIENT  TO  MAKE  A  CONTRACT.     A  contract 
by  two  of  three  Trustees,  when  in  session,  "is  valid."— School  Town  of  Milford  v. 
Zeigler,  1  Ind.  App.  138. 

34.  ILLEGAL  DESIGN  OF  TRUSTEE.     A  teacher's  contract  is  not  void  when  the 
Trustees  have  an  illegal  purpose  or  design  in  view,  if  he  does  not  participate  in 
such  purpose  or  design. — School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

35.  CONTEST.     Pending  litigation  to  determine  who  is  entitled  to  exercise  an 
office,  the  officer  de  facto  shall  act,  and  when  it  appeared  to  the  court  that  A  was 
in  possession  of  the  office  of  School  Trustee  it  properly  compelled  the  County 
Auditor  to  recognize  him  as  such. — Leach  v.  Cassidy,  23  Ind.  449.    See  also  School 
Town  of  Milford  v.  Zeigler,  1.  Ind.  App.  138. 

36.  EMPLOYMENT  BY  SCHOOL  TOWN.     A  complaint  against  a  school  town 
alleging  the  employment  of  the  plaintiff  by  the  defendant  to  teach  school  and  a 
breach  of  contract  is  sufficient,  without  alleging  employment  by  the  Trustees  of 
such  school  town,  or  that  the  town  was  incorporated,  or  that  there  was  a  Board  of 
Trustees  in  said  town.— School  Town  of  Rochester  v.  Shaw,  100  Ind.  268;  Sparta 
School  Township  v.  Mendell,  138  Ind.  188. 

37.  SUIT  ON  TREASURER'S  BOND — PENALTY — RELATOR.    The  incoming  Treas- 
urer may  sue  the  outgoing  Treasurer  on  his  official  bond  for  failure  to  turn  over 
funds  in  his  hands,  and  such  suit  may  be  maintained  without  an  order  from  the 
County  Commissioners.     He  is  liable  to  the  penalty  of  10  per  cent. — Sec.  91. — 
Hiattv.  State,  110  Ind.  472. 

38.  INCOMING  TREASURER  ENTITLED  TO  RECEIVE  MONEY  ONLY  FROM  His 
PREDECESSOR.     An  incoming  Treasurer  is  entitled  to  receive  money  only  from  his 
predecessor.—  Hiatt  v.  State,  110  Ind.  472. 

39.  TRUSTEE  FAILING  TO  TAKE  OATH — VACANCY.     If  the  Trustee  elected 
fails  to  take  his  oath  of  office  within  five  days  after  his  election,  he  forfeits  his 
office  and  another  may  be  elected,  unless  for  some  valid  reason,  not  of  his  own 
neglect,  he  has  not  been  able  to  take  the  oath. — Minnick  v.  State,  154  Ind.  379. 
But  in  the  case  of  a  Township  Trustee,  where  a  dispute  arose  as  to  when  his  term 
began,  a  failure  to  qualify  within  the  time  required  by  the  statute  pertaining  to 
such  matters  was  held  not  to  vacate  his  office. — Albaugh  v.  State,  145  Ind.  356. 
If  a  town  or  city  School  Trustee  take  the  oath  of  office,  failure  to  give  bond  as 
President,  Secretary  or  Treasurer  of  the  Board  to  which  he  is  elected  does  not 
vacate  his  office  as  Trustee,  although  it  may  as  to  such  office  of  President,  Secre- 
tary or  Treasurer. — Koerner  v.  State,  148  Ind.  158. 


124  SCHOOL    LAW    OF    INDIANA. 

[1899,  p.  373.    Approved  March  3, 1899;  in  force  April  28, 1899.J 

101.  Town  abandoning  control  of  schools.     1.    Any  in- 
corporated town  in  the  State  that  has  no  school  indebtedness, 
the  inhabitants  of  which  does  not  exceed  fifteen  hundred,  as 
shown  by  the  last  preceding  general  census,  may  through  its 
town  Board  of  Trustees  abandon  and  discontinue  its  manage- 
ment and  control  of  public  schools  within  such  incorporated 
town,  and  abolish  the  Board  of  School  Trustees  therein. 

102.  Conveyance  to  Trustee.     2.    The  town  Board    of 
Trustees   of  any   such   incorporated   town,   upon   deciding  to 
abandon  and  discontinue  the  control  of  the  public  schools  there- 
in, shall  make  and  cause  to  be  made  a  good  and  sufficient  deed, 
conveying  all  real  estate  belonging  to  such  school  town  to  the 
Township  Trustee  of  the  township  in  which  such  incorporated 
town  is  located;  and  shall  transfer  all  the  personal  property 
and  fixtures  belonging  to  such  school  town  to  such  Township 
Trustee,  all  of  which  shall  be  accepted  and  held  by  such  Town- 
ship Trustee  for  the  use  and  purposes  of  the  school  township 
wherein  such  town  is  located. 

103.  Charge  of  town  schools.     3.     After  the  requirements 
set  forth  in  the  preceding  section  are  complied  with,  the  Town- 
ship Trustee  shall  have  full  and  complete  control  of  all  the 
schools  within  such  town,  and  shall  conduct  the  same  as  pro- 
vided for  by  law  for  the  other  schools  of  such  township. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

104.  Trustees'  bonds— Vacancy.    6.    The  County  Audi- 
tor, in  fixing  the  penalty  and  approving  and  accepting  the  bonds 
of  such  Trustees,  shall  see  to  their  sufficiency  to   secure  the 
school  revenues  which  may  come  into  their  hands,  as  well  as 
the  ordinary  township  or  other  revenue.     In  case  of  a  vacancy 
in  the  .office  of  Trustee,  the  County  Auditor  shall  appoint  a 
person  to  fill  the  same,  who  shall  take  an  oath  and  give  bonds 
as  required  in  the  last  preceding  section ;  and  said  Auditor  shall 
report  to  the  Superintendent  of  Public  Instruction  the  name 
and  postoffice  address  of  each  Trustee.     (R.  S.  1881,  §4440;  R. 
S.  1894,  §  5916 ;  R.  S.  1897,  §  6134.) 

1.     BOND  DOES  NOT  COVER  BORROWED  MONEY.     There  is  here  a  clear  implica- 
tion that  the  only  money  which  a  Trustee  can  officially  receive  is  that  yielded  by 


SCHOOL    LAW    OF    INDIANA.  125 

the  school  revenues.  Money  obtained  by  borrowing  can  not  be  said  to  be  school 
revenue,  and  the  penalty  of  the  bond  does  not  extend  to  such  money. — Wallis  v. 
Johnson  Tp.,  75  Ind.  368. 

2.  TITLE  TO  SCHOOL  MONEY.     A  Trustee,  like  a  County  Treasurer,  is  liable 
on  his  bond  for  all  money  that  may  come  into  his  hands  by  virtue  of  his  office, 
whatever  may  become  of  the  money.     Bock  v.  Stinger,  36  Ind.  346. 

3.  USE  NOT  CONVERSION.     The  mere  use,  by  the  Trustee,  of  school  revenues 
of  the  township  in  his  own  business,  it  has  been  decided  was  not  such  a  conversion 
of  the  money  as  constituted  a  breach  of  the  conditions  of  his  bond. — Brown  v. 
State,  78  Ind.  239;  Bocard  v.  State,  79  Ind.  270;  Goodwine  v.  State,  81  Ind.  109. 
But  the  more  recent  decisions  are  to  the  effect  that  a  Trustee  may  not  loan  the 
funds  coming  into  his  hands  as  Trustee,  and  if  he  do,   and  receives  interest,  he 
must  account  for  it.     Nor  can  he  use  the  funds  in  his  own  business. — Winchester 
Electric  Light  Co.  v.  Veal,  145  Ind.  506,  515. 

4.  WHEN  NOT  ENTITLED  TO  INTEREST.     Title  to  such  revenues  does  not  vest 
in  a  Trustee  until  they  are  actually  drawn  by  him  out  of  the  treasury,  and  he  is 
not  entitled  to  interest  on  warrants  issued  against  them. — Hadley  v.  State,  66  Ind. 
271. 

5.  VACANCIES.     A  law  passed  in  1875,  took   away   from   the   Auditor  the 
power  of  filling  vacancies  in  the  office  of  Town  or  City  School  Trustees;    and 
the  Board  of  County  Commissioners,  if  in  session  when  the  vacancy  occurs,  or 
before  it  is  filled,  fills  a  vacancy  in  the  office  of  Township  Trustee;  but  if  the 
vacancy  occurs  when  they  are  not  in  session,  the  County  Auditor  may  fill  it. — 
K.  S.  1881,  §  5996;  K.  S.  1894,  §  8071  ;  Cooper  v.  State,  113  Ind.  70.     Previous  to 
1899,  when  the  Board  of  County  Commissioners  met  in  special  session  in  August 
to  receive  the  Trustees'  reports,  they  could  not  fill  a  vacancy  in  the  office  of  Town- 
ship Trustee.— Heim  v.  State,  145  Ind.  605. 

It  is  considered  that  a  person  appointed  to  fill  a  vacancy  in  an  office  holds 
such  office  until  his  successor  is  elected  and  qualified.  The  Supreme  Court  seem  to 
have  so  regarded  the  question.— See  Urmston  v.  State,  73  Ind.  175. 

6.  KESIGNATION.     When  a  City  School  Trustee  resigns  his  office,  to  take  effect 
at  a  future  day,  the  City  Council  may  elect  to  fill  the  vacancy  before  the  day  fixed 
for  the  taking  effect  of  the  resignation. — Leech  v.  State,  78  Ind.  570. 

7.  OVERPAYMENTS — SHORTAGE — SET-OFF.     In  an  action  on  the  bond  of  a 
Township  Trustee  he  is  entitled  to  set-off  against  the  shortage  in  one  fund  over 
payments  on  account  of  another,  so  far  as  the  shortage  was  occasioned  thereby. — 
Finney  v.  State,  126  Ind.  577;  State  v.  Julien,  93  Ind.  292;  Hadley  v.  State,  66 
Ind.  271. 

8.  ELIGIBILITY — ALIEN.     A  voter  under  the  Constitution  of  this  State,  though 
not  a  citizen  of  the  United  States,  is  eligible  to  the  office  of  Township  Trustee. — 
McCarthy  v.  Foelke,  63  Ind.  507. 

9.  LIABILITY  OF  SURETY.     When  a  successor  is  elected  and  qualified,  but  does 
not  take  possession  of  the  office,  and  the  old  Trustee  continues  to  act,  his  acts  are 
void ;  he  is  not  an  officer  de  facto  or  dejure,  and  his  sureties  are  not  bound. — Stein- 
back  v.  State,  38  Ind.  483;  Rany  v.  The  Governor,  4  Blackf.  2. 

10.  OFFICE  LUCRATIVE.     The  office  of  Township  Trustee  is  a  lucrative  office 
within  the  meaning  of  the  State  Constitution. — Foltz  v.  Kerlin,  105  Ind.  221. 

11.  LIABILITY  OF  OFFICER  AND  SURETY.     The  statute  creates  a  permanent 
and  continuing  liability  and  the  sureties  on  his  official  bond,  for  a  failure  to  per- 


126  SCHOOL    LAW    OF    INDIANA. 

form  any  duty  imposed  by  any  law  in  force  at  the  time  the  bond  is  executed,  or 
which  may  be  subsequently  passed  during  the  time  for  which  such  officer  has 
been  elected ;  and  it  is  not  necessary  that  the  bond  should  provide  in  express 
terms  for  such  permanent  and  continuing  liability. — Davis  v.  State,  44  Ind.  38. 

12.  DAMAGES  IN  SUIT  UPON  BOND  OF  TRUSTEE.     It  is  the  imperative  duty 
of  a  court  rendering  judgment  against  a  Township  Trustee,  in  a  suit  upon  his 
official  bond,  for  a  violation  of  a  duty  in  reference  to  school  revenues,  to  assess 
ten  per  cent,  damages  on  the  amount  recovered. — Davis  v.  State,  44  Ind.  38. 

13.  BOND  COVERS  BOTH  CIVIL  AND  SCHOOL  TOWNSHIP.     A  township  em- 
braces two  distinct  corporations,  to  wit :    The  civil  township  and  the  school  town- 
ship, existing  within  the  same  territory  and  having  the  same  Trustee,  who  is  bound 
by  a  single  official  bond.—  Inglis  v.  State,  61  Ind.  212. 

14.  ACTION  BY  SUCCESSOR.     An  action  on  the  relation  of  a  Township  Trustee, 
on  the  bond  of  a  defaulting  predecessor,  may  be  instituted  without  the  request  or 
direction  of  the  Board  of  County  Commissioners. — Inglis  v.  State,  61  Ind.  212. 

15.  LIABLE  FOR  UNAUTHORIZED  LOAN.     Formerly  a  Trustee  was  liable  on 
his  bond,  by  virtue  of  the  Act  of  March  5,  1883  (Acts  1883,  p.  114),  when  he  bor- 
rowed money  without  the  consent  of  the  Board  of  County  Commissioners  first 
obtained.— State  v.  Helms,  136  Ind.  122;  Helms  v.  State,  19,  Ind.  App.  360.     See 
Killian  v.  State,  15  Ind.  App.  261,  and  First  National  Bank  v.  Osborne,  18  Ind. 
App.  442. 

[1883,  p.  118.    Approved  and  in  force  March  6, 1883.] 

105.  Trustees  manage  revenues— Reports.  7.  The  School 
Trustees  of  every  township,  incorporated  town  or  city,  shall 
receive  the  special  school  revenue  belonging  thereto,  and  the 
revenue  for  tuition  which  may  be  apportioned  to  his  township, 
town  or  city,  by  the  State,  for  tuition  or  [for]  the  common 
schools,  and  shall  pay  out  the  same  for  the  purpose  for  which 
such  revenues  were  collected  and  appropriated.  Such  Trustees 
shall  keep  accurate  accounts  of  the  receipts  and  expenditures 
of  such  revenues,  and  shall  render  to  the  County  Commis- 
sioners, annually,  on  the  first  Monday  of  August,  for  the  school 
year  ending  on  the  thirty -first  day  of  July,  and  as  much  oftener 
as  they  may  require,  a  report  thereof,  in  writing.  Said  Board 
of  Commissioners  shall  hold  a  session  on  said  Monday  to  re- 
ceive said  reports.  They  shall  clearly  and  separately  state : 

Mrst.  The  amount  of  special  school  revenue  and  of  school 
revenue  for  tuition  on  hand  at  the  commencement  of  the  year 
then  ending. 

Second.  The  amount  of  each  kind  of  revenue  received  with- 
in the  year,  giving  the  amount  of  tuition  revenue  received  at 
each  semi-annual  apportionment  thereof. 


SCHOOL  LAW  OF  INDIANA.  127 

Third.  The  amount  of  each  kind  of  revenue  paid  out  and 
expended  within  the  year. 

Fourth.  The  amount  of  each  kind  of  revenue  on  hand  at 
the  date  of  said  report,  to  be  carried  to  the  new  account. 

And  shall,  with  said  report,  present  and  file  a  detailed  account 
current  of  the  receipts  and  payments  for  the  year,  and  support 
the  same  by  proper  vouchers ;  which  report  and  account  current 
shall  each  be  duly  verified  by  affidavit;  and  when  the  said 
County  Commissioners  are  satisfied  that  said  report  is  full, 
accurate  and  right  in  all  respects,  and  that  said  account  is  just 
and  true,  they  shall  allow  and  pass  the  same;  which  shall  have 
the  effect  to  credit  the  Trustee  for  the  expenditures.  A  copy 
of  said  report,  as  parsed  and  allowed  by  the  County  Commis- 
sioners, shall,  within  ten  days  after  its  date,  be  filed  by  the 
Trustee  with  the  County  Superintendent  of  the  county,  and 
upon  failure  of  the  Trustee  to  discharge  any  of  the  duties  re- 
quired of  him  relative  to  schools  and  school  revenues,  the  Board 
of  County  Commissioners  shall  cause  suit  to  be  instituted 
against  him,  on  his  official  bond,  and  in  case  of  recovery  against 
him,  the  court  rendering  the  judgment  shall  assess  upon  the 
amount  thereof  ten  per  cent,  damages,  to  be  included  in  said 
judgment.  (R.  S.  1881,  §4441;  R.  S.  1894,  §5917;  R.  8.  1897, 
§6135.) 

1.  CONVERSION.     The  application,  by  a  Trustee,  of  tuition  revenue  to  special 
school,  road,  or  civil  township  purposes  is  a  conversion  of  so  much  of  the  fund 
and  a  breach  of  his  bond. — Robinson  v.  State,  60  Ind.  26;  Brown  v.  State,  78  Ind. 
239;  Board  v.  State,  79  Ind.  270.     The  suit  may  be  brought  on  the  relation  of  his 
successor. — Steinmetz  r.  State,  47  Ind.  465;  Robinson  v.  State,  60  Ind.  26. 

2.  LIABILITY  OF  TRUSTEE.     The  Trustee  is  absolutely  liable  for  the  loss  of 
the  funds  by  whatever  casualty.     Depositing  in  a  solvent  bank,  by  advice  of  State 
and  County  Superintendent  and  County  Board,  if  loss  result,  is  no  defense. — Inglis 
v.  State,  61  Ind.  212;  Board  v.  State,  79  Ind.  270;  McClelland  v.  State,  138  Ind. 
321. 

3.  SCHOOL  BOARD  INDEPENDENT.     The  School  Trustees  of  a  city  or  town  act 
independently  of  the  City  Council  or  Board  of  Town  Trustees  in  receiving  and 
expending  the  school  revenues,   and  their  action  can  not  be  controlled  by  the 
latter. — Johnson  i:  Smith,  64  Ind.  275. 

4.  MISTAKE  IN  SETTLEMENT.     When  a  Township  Trustee  fails  to  keep  the 
accounts  required  by  this  section,  and  by  reason  thereof,  and  by  reason  of  mis- 
laying vouchers,  he  fails  in  his  annual  settlement  with  the  County  Commissioners 
to  claim  or  receive  credit  for  a  certain  sum  properly  paid  out  by  him,  he  can  not 
afterward  recover  for  the  amount  so  paid.—  Butt  i\  Jennings  Township,  81  Ind.  69. 


128  SCHOOL   LAW   OF   INDIANA. 

5.  WRIT  OF  MANDATE.     Mandamus  lies  by  a  -School  Trustee  to  compel  de- 
livery by  his  predecessor  of  the  records,  books  and  papers  of  the  office,  and  to 
compel  the  payment  of  money  which  the  Trustee  is  required  by  law  to  apply  to 
school  purposes.  — Frisbie  v.  Fogg,  78  Ind.  269;  Goldsberry  v.  State,  69  Ind.  430; 
Hiatt  v.  State,  110  Ind.  472;  Brown  v.  State,  78  Ind.  239. 

6.  ASSESSMENT  OF  DAMAGES.     In  a  suit  on  the  bond  of  a  School  Trustee  the 
Court,  in  rendering  judgment  upon  the  verdict,  should  add  ten  per  cent,  to  the 
amount  found  by  the  jury. — Watson  v.  State,  80  Ind,  212 ;  Goldsberry  v.  State,  69 
Ind.  430;  Hiatt  v.  State,  110  Ind.  472;  Brown  v.  State,  78  Ind.  239.     And  the  pro- 
vision to  that  effect  is  imperative. — Brown  v.  State,  78  Ind.  239. 

7.  THEY  CAN  NOT  BORROW  MONEY.     There  is  nothing  in  the  statute  from  first 
to  last  indicating  that  a  Township  Trustee  can  rightfully  obtain  money  from  any 
other  source  than  the  school  revenues.     There  is  a  plain  and  unmistakable  pur- 
pose on  the  part  of  the  Legislature  to  confine  the  Trustee  to  the  funds  expressly 
provided,  and  not  permit  him  to  go  out  into  the  business  world  as  a  borrower. 

•:•:-  :•;-  The  money  is  supplied  to  them,  and  they  mugt  take  it  as  supplied,  and 
not  attempt  to  devise  or  create  other  sources  of  supply. — Wallis  v.  Johnson  Town- 
ship, 75  Ind.  368. 

8.  ARE  LIABLE  FOR  MONEY  HAD  AND  RECEIVED.     Where  money  is  loaned 
to  a  Township  Trustee  for  the  use  and  benefit  of  the  school  township  represented 
by  him,   and  the  school  township  receives  the  benefit  of  the  money,  it  is  liable 
therefor;    and  though  the  note  of    the    Trustee   attempting   to   bind  the  town- 
ship for  the  loan  be  held  void,  yet  the  liability  of  the  township  remains  as  for 
money  had  and  received — Bicknell  v.  Widner  Township,  73  Ind.  501 ;  First  Nat. 
Bank  v.  Union  Township,  75  Ind.  361. 

9.  MAY  EXECUTE  NOTES  FOR  DEBTS.     A  school  township,  by  and  in  the  name 
of  its  Trustee,  may  execute  a  valid  negotiable  promissory  note  for  any  debt  COH- 
tracted  for  the  benefit  of  its  property ;  but  it  is  not  governed  by  the  law  merchant, 
and  an  assignee  takes  it  subject  to  all  defenses. — Sheffield  Tp.  v.  Andress,  56  Ind. 
157.     The  Board  of  School  Trustees  of  an  incorporated  town  have  power  to  exe- 
cute a  valid  negotiable  promissory  note,  by  and  in  the  name  of  such  Trustees, 
binding  upon  the  school  corporation  for  any  debt  contracted  for  the  benefit  of  its 
property. — School  Town  of  Monticello  v.  Kendall,  72  Ind.  91.     A  note  executed  by 
a  School  Trustee  and  given  in  payment  for  certain  school  maps  was  held  to  bind 
the  school  corporation.  —Moral  School  Tp.,  i>.  Harrison,  74  Ind.  93.     The  same 
was  true  of  a  note  given  for  dictionaries. — Jackson  School  Tp.  v.  Hadley,  59  Ind. 
534.     And  for  school  furniture.— Johnson  School  Tp.  v.  Bank,  81  Ind.  515.      But 
School  Trustees  have  no  power  to  bind  their  corporations  by  notes  given  for  money 
borrowed.— Wallis  v.  Johnson  School  Tp.,  75  Ind.  368. 

Yet  a  Township  Trustee  may  execute  a  note  for  school  furniture  that  is  prima 
fade  valid  and  binding  on  the  school  township. — Miller  v.  White  Eiver  School 
Tp.,  101  Ind.  503.  See  also  Litten  v.  Wright  School  Tp.,  127  Ind.  81. 

10.  MAY  ANTICIPATE  CERTAIN  REVENUES.     The  only  portion  of  the  school 
revenues  which  the  School  Trustees  may  not  expend  in  anticipation  is  the  school 
revenue  for  tuition  belonging  to  the  State  and  by  it  apportioned.     Harney  v. 
Wooden,  30  Ind.   178.     But  this  is  very  far  from  deciding  that  money  may  be 
borrowed  by  the  Trustee. — Wallis  v.  Johnson  School  Tp.,  75  Ind.  368. 


SCHOOL    LAW    OF    INDIANA.  129 

11.  WHEN  MAY  ISSUE  BONDS.     A  Township  Trustee,  in  case  of  a  bequest  or 
gift  exceding  five  thousand  dollars,  to  an  unincorporated  town  in  his  township, 
conditioned  upon  the  raising  of  a  like  sum  by  the  citizens  of  the  township,  may, 
upon  petition  of  a  majority  of  the  legal  voters  thereof,  issue  and  sell  the  bonds  of 
the  township  to  an  amount  not  exceeding  fifteen  thousand  dollars. — §  255.     School 
bonds  of  cities  and  incorporated  towns  are  issued  by  the  Common  Council  or  Board 
of  Town  Trustees,  but  in  no  case  by  the  School  Board.  , 

12.  RESULT  OF  THE  DECISIONS.     The  conclusion,  from  a  careful  comparison 
of  the  authorities,  is  that  School  Trustees  have  no  power  to  borrow  money;  but 
they  may  bind  their  corporations  by  promissory  notes  for  the  payment  in  future 
of  valid  pre-existing  debts,  or  for  the  repayment  of  money  advanced  to  liquidate 
such  debts.     The  indebtedness  of  all  corporations  is  limited  by  the  Constitution 
(R.  S.  1881,  §  220;  K.  S.  1894,  §  220;  E.  S.  1897,  §  220)  to  two  per  cent,  on  the 
value  of  taxable  property. 

13.  CERTIFICATES    OF    INDEBTEDNESS.      Certificates   of   indebtedness    issued 
without  any  consideration  are  invalid,  and  can  not  be  inforced  against  the  town- 
ship, even  if  the  proper  officers  promise  to  pay  them. — Axt  v.  Jackson  School  Tp., 
90  Ind.  101.     Such  a  certificate  is  void  even  in  the  hands  of  an  innocent  pur- 
chaser.—State  v.  Hawes,  112  Ind.  323;  Boyd  v.  Mill  Creek  School  Tp.,  114  Ind. 
210;  Grimsley  v.  State,  116  Ind.  130. 

14.  SUITS,  How  BROUGHT.    In  an  action  against  a  school  township  for  articles 
purchased  by  the  township,  it  must  be  shown  that  they  were  suitable  or  necessary, 
and  that  they  were  received  or  used  by  the  township. — Reeve  School  Tp.  v.  Dodson, 
98  Ind.  497;  Blcomington  School  Tp.  v.  National  School  Furnishing  Co.,  107  Ind. 
43;  State  v.  Hawes,  112  Ind.  323.    Delivery  of  the  goods  to  a  railroad  company  to 
be  transported  to  the  township  is  not  such  a  delivery  as  will  bind  the  township  for 
goods  purchased  which  are  not  suitable;  but  if  actually  received  by  the  township 
and  used,  the  contract  is  valid. — Boyd  v.  Mill  Creek  Tp.,  114  Ind.  210;  Litten  v. 
Wright  School  Tp.,  127  Ind.  81. 

15.  MISAPPROPRIATION.     A  Trustee  of  Schools  who  has  had  no  part  in  the 
misappropriation  of  funds  of  the  corporation  is  not  liable  therefor.— State  v.  Julian, 
93  Ind.  292. 

16.  SESSIONS  OF  BOARD  OF   COUNTY   COMMISSIONERS.     The  sessions  of  the 
Board  of  County  Commissioners  under  this  section  are  for  the  sole  purpose  of 
receiving  from  the  School  Trustees  reports,  as  herein  provided  for,  and  taking 
action  thereon,  and  the  Board   has  no  power  to  transact  any  other  business. — 
Fahlor  r.  Board  of  Commissioners,  101  Ind.  167;  Heim  v.  State,  145  Ind.  605. 

37.  WHO  MAY  BRING  ACTION  ON  BOND.  The  incoming  town  or  city  Treas- 
urer is  the  proper  person  to  bring  suit  against  the  outgoing  Treasurer,  on  his  bond, 
for  a  failure  to  turn  over  the  school  funds  to  him ;  and  he  may  do  so  without  an 
order  of  the  Board  of  County  Commissioners. — Hiatt  v.  State,  110  Ind.  472  ;  Strong 
r.  State,  75  Ind.  440.  And  if  he  fails  to  bring  such  a  suit  he  is  liable  on  his  bond, 
even  though  his  predecessor  be  insolvent,  if  his  sureties  are  financially  responsible. 
—State  v.  Mock,  21  Ind.  App.  629. 

18.  OVERPAYMENT.  If  a  Treasurer  pays  more  than  he  is  required  to  pay 
to  his  successor,  he  must  bring  an  action  to  recover  the  amount  of  such  overpay- 
ment within  six  years  after  the  fact  of  payment;  and  if  such  overpayment  was 
occasioned  by  his  failure  to  keep  proper  vouchers  and  accounts,  and  he  settled 
9— SCH.  LAW. 


130  SCHOOL    LAW    OF    INDIANA. 

with  the  County  Commissioners  without  making  claim  therefor,  he  can  not  recover 
the  amount  thereof. — Butt  v.  Jennings  School  Tp.,  81  Ind.  69. 

19.  ADVANCING  MONEY.     A  Township  Trustee,  who,  in  good  faith,  employs 
necessary  and  proper  teachers,  and  when  it  is  unexpectedly  found  that  the  public- 
funds  provided  are  insufficient  to  pay  them  in  full,  advances  the  deficit  out  of  his 
own  money,  has  a  demand  against  the  school  township  which  he  may  recover. — 
Kiefer  v.  Troy  School  Tp.,  102  Ind.  279;  Murphy  v.  Oren,  121  Ind.  59.     And  so 
may  a  city  or  town  Treasurer  who  advances  money  under  like  circumstances. 

20.  MIXING  FUNDS.     The  several  school  funds  should  be  kept  separate ;  but 
if  payment  is  made  out  of  the  wrong  fund,  the  fund  from  which  it  should  have 
been  made  can  be  drawn  upon  to  make  up  the  deficiency  in  the  overdrawn  fund ; 
and  in  a  suit  against  the  Trustee,  he  should  have  credit  in  this  way.— State  r. 
Finney,  125  Ind.  427 ;  Murphy  v.  Oren,  121  Ind.  59  ;  Finney  v.  State,  126  Ind.  577. 

21.  OFFICER  DE  FACTO  LIABLE  CAN  NOT  DENY  LIABILITY.     It  is  no  defense 
to  an  action  by  a  school  corporation  to  recover  its  moneys  of  one  who  had  intruded 
unlawfully  into  the  office  of  treasurer  of  the  corporation,  that  another  is  holding 
that  office.— Lucas  v.  State,  86  Ind.  180. 

22.  OWNERSHIP  OF  FUND.     The  officer  holding  the  school  funds  for  the  time 
being  is  the  owner  thereof,  but  is  not  entitled  to  any  interest  that  he  may  receive 
by  a  loan  of  the  funds. — Winchester  Electric  Light  Co.  v.  Veal,  145  Ind.  506, 
practically  overrules  Brown  v.  State,  78  Ind.  239;  Bocard  v.  State,  79  Ind.  270; 
Kock  v.  Stinger,  36  Ind.  346 ;  Shelton  v.  State,  53  Ind.  331 ;  and  if  he  receives  the 
interest  accruing  on  warrants  issued  by  the  County  Auditor  on  the  County  Treas- 
urer, he  is  liable  for  the  amount  of  such  interest  thus  received. — Hadley  r.  State, 
66  Ind.  271. 

23.  REFUNDING  TO  TRUSTEE.      An  act  of  the  Legislature  refunding  to  a 
School  Trustee,  out  of  the  funds  of  his  school  corporation,  moneys  lost  without  his 
fault  is  valid.— Mount  v.  State,  90  Ind.  29. 

24.  EIGHT  OF  NEW  TOWN  TO  PART  OF  SCHOOL  REVENUE.    When  new  town 
is  organized  within  township  after  school  revenue  is  received,  the  town  is  entitled 
to  its  share ;  the  Trustee  may  be  compelled  by  mandate  to  pay  it  over  to  the  town 
School  Trustees,  who  are  the  proper  relators  in  such  suit. — Hon  v.  State,  89  Ind. 249. 

25.  DEPOSITING  IN  BANK.     School  Trustees  may  lawfully  deposit  the  funds 
of  their  township  in  a  bank,  but  may  not  loan  them  to  such  bank. — Winchester 
Electric  Light  Co.  v.  Veal,  145  Ind.  506;  Meridian  National  Bank  v.  Hauser,  145 
Ind.  496. 

26.  TOWNSHIP  ADVISORY  BOARD  LAW.    All  the  decisions  cited  above  concern  ing 
the  creation  of  township  debts  were  rendered  before  the  enactment  of  the  Advisory 
Board  Law.     Contracts  now  to  be  valid  must  be  made  in  accordance  with  its  pro- 
visions.    See  section  340. 

27.  REPORT  NOT  CONCLUSIVE.     The  report  of  the  Trustee  is  not  final  nor 
conclusive,  and  its  truthfulness  may  be  inquired  into. — Stater.  Board,  136  Ind.  207. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

106.  Record— Duty  as  to  Revenue.  8.  The  Trustees  shall 
keep  a  record  of  their  proceedings  relative  to  the  schools,  in- 
cluding all  orders  and  allowances  on  account  thereof;  including, 


SCHOOL    LAW    OF    INDIANA.  131 

also,  accounts  of  all  receipts  and  expenditures  of  school  revenue, 
distinguishing  between  the  special  school  revenue  belonging  to 
their  township,  town  or  city,  and  the  school  revenue  for  tuition, 
which  belongs  to  the  State,  and  by  it  apportioned  to  their  town- 
ship, town  or  city;  which  said  revenue  for  tuition  they  shall 
not  permit  to  be  expended  for  any  other  purpose,  nor  even  for 
that  purpose  in  advance  of  its  apportionment  to  their  respective 
corporations.  (R.  S.  1881,  §4442;  R.  S.  1894,  §5918;  R.  S. 
1897,  §  6136.) 

1.  LIABILITY.     A  Trustee  of  Schools  who  has  had  no  part  in  the  misapplica- 
tion of  tuition  revenue  is  not  liable  therefor. — State  v.  Julian,  93  Ind.  292. 

2.  INSPECTION  OF  BOOKS.     School  Trustee's  records,  either  of  a  city,  town  or 
township,  are  public  records,  always  open  for  public  inspection,  and  any  one  in- 
terested therein   has  a  right  to  examine  them.     Anderson  School  Township  v. 
Thompson,  92  Ind.  556. 

3.  EFFECT  OF  REPORT.     The  Trustee's  statement  of  the  amount  of  money  he 
has  received  from  his  predecessor  is  conclusive  on  him,  in  a  suit  on  his  bond,  but 
not  on  his  sureties.     State  v.  Mock,  21  Ind.  App.  629.     See  State  Board,  136  Ind. 
207. 

107.  Annual  statement.     9.     The  Township  Trustees  and 
the   School  Trustees   of  incorporated   towns   and  cities  shall, 
immediately  after  their   annual  settlements  with  the   County 
Commissioners,  in  August  make  a  full  statement  of  all  their 
receipts  and  expenditures,  for  the  year  preceding,  relative  to 
their  schools.     (R.  S.  1881,  §4443;   R.  S.  1894,  §5919;  R.  S. 
'1897,  §6137.) 

[1901,  p.  514.    Approved  March  11, 1901;  in  force  May,  1901.] 

108.  General  duties.     1.     The  School  Trustees  shall  take 
charge  of  the  educational  affairs  of  their  respective  townships, 
towns  and  cities.     They  shall  employ  teachers,  establish  and 
locate  conveniently  a  sufficient  number  of  schools  for  the  edu- 
cation of  the  children  therein,  and  build,  or  otherwise  provide, 
suitable  houses,  furniture,  apparatus  and  other  articles  and  edu- 
cational appliances  necessary  for  the  thorough  organization  and 
efficient  management  for  said  schools.     Such  School  Trustees 
may  also  establish  and  maintain  in  their  respective  corporations, 
as  near  the  center  of  the  township  as  seems"  wise,  at  least  one 
separate  graded  high  school,  to  which  shall  be  admitted  all 
pupils  who  are  sufficiently  advanced  :    Provided,  That  the  School 
Trustees  of  two  or  more  school  corporations  may  establish  and 


132  SCHOOL    LAW    OF    INDIANA. 

maintain  joint  graded  high  school [s]  in  lieu  of  separate  graded 
high  schools,  and  when  so  done  they  jointly  shall  have  the  care, 
management  and  maintenance  thereof:  Provided  further,  That 
any  Trustee,  instead  of  building  a  separate  graded  high  school 
for  his  township  shall  transfer  the  pupils  of  his  township  com- 
petent to  enter  a  graded  high  school  to  another  school  corpora- 
tion :  Provided  further,  That  all  payments  of  tuition,  provided 
for  under  this  act,  heretofore  made  by  School  Trustees  for  such 
high  school  privileges  are  hereby  legalized  :  Provided  further, 
That  no  such  graded  high  school  shall  be  so  built  unless  there 
are  at  the  time  such  house  is  built,  at  least  twenty-five  common 
school  graduates  of  school  age  residing  in  the  township. 

1.  POWER  OF  TRUSTEE.     The  Township  Trustee  is  clothed  with  almost  auto- 
cratic power  in  all  school  matters.     The  voters  and  taxpayers  of  the  township 
have  but  little,  if  indeed  any,  voice  or  part  in  the  control  of  the  details  of  educa- 
tional affairs.     So  far  as  actual  authority  is  concerned,  the  Trustee  is  the  corpora- 
tion, although  in  contemplation  of  law  it  is  otherwise. — Wallace  v.  Johnson  Tp., 
75  Ind.  368 ;  Bicknell  v.  Widner  School  Tp.,  73  Ind.  501. 

2.  PATRONS  CAN  NOT  DESIGNATE  TEACHERS.     There  is  no  provision  of  the 
law  authorizing  any  other  person  than  the  Trustee  to  select  a  teacher.     It  is  there- 
fore held  that  the  provision  authorizing  the  Trustee  to  employ  teachers,  also 
authorizes  him  to  select  them,  and  that  school  meetings  are  not  empowered  by  the 
law  to  designate  or  employ  teachers.     That  power  was  taken  from  them  in  1873. 

3.  COUNTY  CAN  NOT  BUILD  SCHOOL  HOUSE.     A  Board  of  County  Commission- 
ers has  no  authority  to  make  an  appropriation  of  any  sum  out  of  the  general  fund 
of  their  county  for  the  erection  of  a  school  building.     Rothrock  v.  Carr,  55  Ind.  334. 

4.  ABANDONED  CORPORATION.     In  case  a  town  abandons  its  corporation,  the 
powers  and  duties  of  the  Board  of  School  Trustees  cease,  the  Township  Trustee 
succeeds  thereto,  and  it  becomes  his  duty  to  take  charge  of  the  schools  without 
special  notice. 

5.  TRUSTEE  CAN  NOT  EMPLOY  HIMSELF.     You  ask  me  whether  a  Township 
Trustee  has  a  right  to  teach  school  in  his  own  township.     In  answer  I  have  to  say 
that  a  Township  Trustee,  being  the  agent  of  the  State  to  employ  teachers  for  the 
public  schools,  is  not  authorized  to  employ  himself. 

6.  CONTRACTS  WITH  TEACHERS.     A  teacher  contracts  with  the  school  township 
through  its  Trustee,  and  although  the  Trustee  squanders  the  township  funds  and 
his  bond  is  worthless,  yet  the  township  is  liable  to  pay  the  teacher  as  specified  in 
the  contract. — Harrison  School  Tp.  v.  McGregor,  96  Ind.  185;  Harmony  School 
Tp.  v.  Moore,  80  Ind.  276.     Verbal  contract  held  valid.— Jackson  School  Tp.  v. 
Shera,  8  Ind.^App.  330;  Fairplay  School  Tp.  v.  O'Neal,  127  Ind.  95;  School  Town 
of  Rochester  v.  Shaw,  100  Ind.  268.     Nor  can  the  School  Trustee,  without  cause, 
revoke  a  contract  of  employment  before  the  commencement  of  the  term  of  service 
specified  in  the  contract,  even  under  a  provision  in  the  contract  to  the  effect  that 
the  employment  is  subject  to  the  right  of  the  Trustee  to  remove  the  teacher  at  any 
time  upon  a  week's  notice  or  any  other  length  of  time. — School  City  of  Lafayette 
*.  Bloom,  17  Ind.  App.  461. 


SCHOOL    LAW    OF    INDIANA.  133 

7.  WHEN  CONTRACTS  MAY  BE  MADE.     See  sec.  239  for  time  of  making  con- 
tracts for  a  township  teacher. 

But  a  contract  made  by  the  Board  of  School  Trustees  of  an  incorporated  town 
or  city  with  a  School  Superintendent,  prior  to  the  annual  election  of  a  new  mem- 
ber of  the  Board  and  the  reorganization  required  by  statute,  for  services  to  be 
performed  after  the  election  of  such  member,  is  valid  and  binding  on  the  school 
corporation. — Keubelt  v.  School  Town  of  Noblesville,  106  Ind.  478. 

8.  KESIGNATION  OF  TEACHER.     The  relation  existing  between  Trustee  and 
teacher  is  based  on  a  contract.     A  teacher  can  not  resign  without  the  consent  of 
the  Trustee.     To  abandon  his  school  without  such  consent  is  a  violation  of  his 
contract,  arid  gives  the  Trustee  a  claim  against  him  for  any  damages  actually  sus- 
tained by  the  school  in  consequence  thereof. 

9.  LOCATION  OF  HOUSES— TITLE.     The  title  to  property  on  which  a  school 
house  is  to  be  built  must  be  in  the  school  corporation ;  and  by  proper  proceedings 
land  may  be  condemned  for  school  purposes. 

Trustees  must  not  build  outside  their  own  jurisdiction,  since  the  franchises  of 
a  school  corporation  can  not  extend  beyond  its  own  territory  so  as  to  attach  to 
land  or  school  buildings  outside  the  corporate  limits. — Mt.  Carmel  v.  Shields,  66 
Ind.  521. 

10.  PROVIDING  HOUSES,  FURNITURE,  ETC.     The  school  authorities  are  not 
bound  to  furnish  educational  facilities  beyond  those  which  the  funds,  devoted  by 
law  to  that  purpose,  will  yield.     It  is  not  for  them  to  burden  the  school  township 
with  debt  by  borrowing  money.     Their  duty  is  fully  performed  and  their  power 
completely  exhausted  when  they  have  properly  expended  all  money  derived  from 
the  school  revenue. — Wallis  v.  Johnson  School  Tp.,  75  Ind.  368.    But  where  money 
had  been  loaned  to  a  Township  Trustee  for  the  purpose  of  completing  a  needed 
and  suitable  school  house,  the  school  township  receiving  the  benefit  of  the  loan 
was  held  to  be  liable  therefor.— Bicknell  v.  Widner  School  Tp.,  73  Ind.  501. 

12.  FURNITURE.     The  Trustees  were  formerly  under  the  law  judges  whether 
furniture  was  needed ;  and  contracts  therefor,  and  in  consideration  of  the  purchase 
of  maps  and  dictionaries,  bound  the  corporation. — Moral  School  Tp.  v.  Harrison, 
74  Ind.  93;  Johnson  School  Tp.  v.  Bank,   81  Ind.  515;  Jackson  School  Tp.  v. 
Hadley,  59  Ind.  534;  Clark  School  Tp.  v.  Grossius,  20  Ind.  App.  322;  Miller  v. 
White  River  School  Tp.,  101  Ind.  510;  but  now  such  purchases  for  a  township 
must  first  be  directed  by  the  Township  Advisory  Board. 

13.  CONTRACTS  OF  TRUSTEES.     Contracts  for  the  benefit  of  school  corpora- 
tions, whether  to  build  houses,  employ  teachers  or  purchase  supplies  or  appara- 
tus, should  be  made  by  the  Trustee  in  the  name  of  the  school,  not  the  civil,  cor- 
poration.— Hornby  v.  State,  69  Ind.  102-  Harrison  Tp.  v.  McGregor,  67  Ind.  380. 

A  school  town  is  bound,  as  such,  for  the  contract  price  of  material  furnished 
and  labor  performed  by  another,  in  the  erection  of  a  school  building  for  such 
town,  under  a  parol  contract  therefor,  made  with  him  by  the  School  Trustees  of 
such  town  (School  Town  Princeton  v.  Gebhart,  61  Ind.  187).  but  a  mechanic's  lien 
can  not  be  taken  upon  the  building  for  materials  furnished  therefor  and  labor 
performed  thereupon. — Fatout  v.  Board  of  School  Com.,  102  Ind.  223. 

A  suit  to  set  aside  a  contract  for  the  building  of  a  school  house  and  to  enjoin 
the  doing  of  the  work,  on  the  ground  of  fraud  on  the  part  of  the  Township 
Trustee,  in  the  making  of  the  contract,  is  properly  brought  in  the  name  of  the 
State,  for  the  use  of  the  civil  township.— State  v.  Earhart,  27  Ind.  119. 


134  SCHOOL    LAW    OF    INDIANA. 

A  contract  by  a  School  Trustee  for  the  improvement  of  school  property,  by  the 
terms  of  which  he  is  to  share  in  the  profits  is  void,  both  at  common  law,  and  under 
the  statute.— Wingate  v.  Harrison  School  Tp.,  59  Ind.  520. 

The  penalty  for  such  corrupt  interest  in  contracts  is  a  fine  of  from  three  hun- 
dred to  one  thousand  dollars,  and  imprisonment  for  from  two  to  fourteen  years. — 
K.  S.  1881,  §  2049;  R.  S.  1894,  §  2136;  R.  S.  1897,  §  2162. 

14.  GRADED  SCHOOLS.    This  section  gives  the  Trustees  ample  power  to  organ- 
ize, at  their  discretion,  such  a  system  of  free  schools  as  the  peculiar  circumstances 
of  their  townships  may  require.     The  schools  may  be  all  of  the  same  grade,  or  of 
two  or  three  more  grades.    They  may  classify  the  children  of  the  township  accord- 
ing to  acquirements.    They  may  authorize  the  teaching  of  any  branches  of  science, 
literature  and  art  which  public  interest  and  public  opinion  may  require. 

A  graded  school  is  a  school  in  which  the  pupils  are  placed  in  different  rooms 
and  under  different  teachers,  according  to  advancement.  Consequently,  the 
greater  the  number  of  rooms  and  teachers  for  any  given  school  the  more  favor- 
able the  means  for  perfect  grading.  From  this  it  will  be  seen  that  a  graded 
school  as  contemplated  in  the  above  section  can  not  exist  with  less  than  two 
teachers.  With  one  the  school  may  be  classified  but  not  graded.  Trustees  will 
therefore  have  regard  to  this  element  when  they  put  up  buildings  designed  for 
graded  school.  2d.  As  to  the  time  when  a  graded  school  should  be  established 
for  any  given  township,  no  definite  directions  can  be  given.  There  are  too  many 
local  elements  to  admit  of  any  special  directions.  It  is,  however,  safe  to  say  that 
whenever  there  are  pupils  in  the  township  whose  advancement  is  such  that  the 
district  schools  can  not  furnish  them  instruction,  at  that  moment  begins  the  need 
of  a  township  graded  school  furnishing  instruction  of  a  higher  grade.  The  Trustee 
must,  however,  be  satisfied  that  the  number  of  such  pupils  is  sufficient  to  justify 
the  establishment  of  such  a  school  before  providing  the  same.  3d.  As  to  place,  I 
would  suggest  that  whenever  practicable  the  township  graded  school  should  be 
established  in  connection  with  a  district  school,  thus  economizing  in  building, 
perhaps  in  teaching,  also  furnishing  the  means  of  a  more  thorough  grading  in  at 
least  one  primary  school  in  the  township.  It  is  suggested  further  that  a  village^ 
if  centrally  located,  is  usually  a  favorable  place  for  the  township  school. 

The  separation  of  pupils  into  different  schools  or  departments,  according  to 
age  and  acquirements,  is  not  an  abridgment  of  their  rights. — Corey  r.  Carter,  48 
Ind.  360;  State  v.  Grubb,  85  Ind.  213;  State  v.  Gray,  93  Ind.  303. 

15.  CUSTODY  OF  SCHOOL  PROPERTY.     The  Trustee  of  each  school  district  has 
charge  and  possession   of  the  school   house,   for,    although  the  director  has  the 
charge  for  certain  purposes,  he  acts  under  the  order  and  Avith  the  concurrence  of 
the  Trustee.—  Hurd  v.  Walters,  48  Ind.  148. 

16.  ORDERS  WITHOUT  CONSIDERATION  VOID.     Where  the  Trustee  of  a  school 
township  has  issued  an  order  or  certificate  of  indebtedness,  in  the  name  of  his 
township,  without  any  consideration  therefor,  such  order  or  certificate  is  invalid 
and  void,   and  can  not  be  enforced  against  the  township;  nor  in  such  cases  will 
the  acts,  conduct  or  promises  of  the  Trustee,  or  his  successors  in  office,  estop  the 
township  from  pleading  the  want  of  consideration  as  a  sufficient  defense  to  any 
suit  against  it  upon  such  order  or  certificate. — Axt  v.  Jackson  School  Tp.,   90 
Ind.  101. 

18.  RULES  AND  REGULATIONS.  School  Boards  and  other  educational  authori- 
ties have  power  to  adopt  appropriate  rules  and  regulations  for  the  government  of 


SCHOOL    LAW    OF    INDIANA.  135 

the  schools  under  their  control.  It  is  not  necessary  that  all  such  rules  shall  be 
made  a  matter  of  record,  nor  that  every  act,  order  or  direction  affecting  their 
management  shall  be  authorized  or  confirmed  by  a  formal  vote;  but  any  reason- 
able rule  adopted  by  a  superintendent  or  teacher  not  inconsistent  with  some  statute 
or  some  other  rule  prescribed  by  higher  authority,  is  binding  upon  the  pupils.  A 
rule  requiring  the  superintendent  of  a  city  school  to  visit  weekly  all  the  schools 
under  his  charge,  and  to  see  that  the  best  methods  of  instruction  are  adopted,  con- 
fers upon  him  authority,  if  it  were  otherwise  wanting,  to  order  and  promulgate 
such  additional  reasonable  rules  as  the  best  interests  of  the  schools  may  require. 
In  the  enforcement  of  all  rule*  for  the  government  of  a  school  due  regard  must  be  had 
to  the  health,  comfort,  age,  mental  and  physical  condition  of  the  pupils;  and  to 
the  circumstance  attending  such  particular  emergency,  and  the  condition  of  the 
weather,  the  infirmity  of  a  pupil,  and  the  like,  may  require  relaxation  in  their 
strict  enforcement.  A  school  regulation  must  not  only  be  reasonable  within  itself, 
but  its  enforcement  must  also  be  reasonable  under  all  the  circumstances.  The 
habit  of  locking  the  doors  of  a  school  room  during  the  opening  exercises  is  not  an 
unreasonable  enforcement,  under  ordinary  circumstances,  of  a  rule  requiring 
pupils  to  remain  in  the  hall  during  that  time;  but  if  the  weather  is  unusually 
severe,  and  proper  steps  are  not  taken  for  the  comfort  of  children  thus  excluded, 
such  method  of  enforcement  is  unreasonable  and  improper.  A  rule  requiring 
tardy  pupils  to  remain  either  in  the  hall  of  the  school  building,  which  is  provided 
with  heat,  or  in  the  office  of  the  principal,  until  the  opening  exercises,  lasting  from 
ten  to  fifteen  minutes,  are  concluded,  in  order  that  such  exercises  may  not  be  inter- 
rupted or  disturbed,  is  in  itself  a  reasonable  regulation.  Such  detention  as  a  penalty 
for  some  omission  or  misconduct  is  one  of  the  recognized  methods  of  enforcing 
discipline  and  promoting  the  progress  of  pupils  in  the  common  schools,  and 
although  the  cause  for  such  detention  be  mistaken,  it  possesses  none  of  the  ele- 
ments of  false  imprisonment,  unless  imposed  from  wanton,  willful  or  malicious 
motives.  A  school  officer  is  not  personally  liable  for  a  mere  mistake  of  judgment  in 
the  govcrment  of  his  school;  but  to  render  him  liable  it  must  be  shown  that  he 
acted  in  the  manner  complained  of  wantonly,  willfully  or  maliciously. — Fertich  v. 
Michener,  111  Ind.  472. 

19.  CONTAGIOUS  DISEASE.     Where  a  school  town  contracts  with  a  teacher  for 
a  certain  number  of  weeks  of  service,  and,  before  the  expiration  of  the  term,  closes 
the  school  upon  order  of  the  County  Board  of  Health  because  of  the  prevalence 
of  diphtheria,  it  is  liable  for  the  teacher's  salary  for  the  time  the  school  is  closed, 
the  non-performance  of  the  contract  not  being  due  to  an  act  of  God. — School 
Town  of  Carthage  v.  Gray,  10  Ind.  App.  428. 

20.  CLOSING  SCHOOL  ON  ACCOUNT  OF  EPIDEMICS.     If  a  teacher  objects  to 
closing  school  on  account  of  epidemics  he  may  be  compelled  to  do  so  by  order 
from  the  Secretary  of  the  Board  of  Health.— R.  S.  1894,  2  6719. 

21.  POWER  AS  TO  RULES  AND  REGULATIONS.    Under  the  statutes  of  this  State, 
construed  in  connection  with  the  incidental  powers  of  corporations,   the  various 
school  boards  and  other  educational  authorities,  have  power  to  adopt  appropriate 
rules  and  regulations  for  the  government  of  the  schools  under  their  control.     Fer- 
tich r.  Michener,  111  Ind.  472. 

22.  RULES  MUST  BE  REASONABLE  UNDER  THE  CIRCUMSTANCES.     A  school 
regulation  must  not  only  be  reasonable  in  itself,  but  its  enforcement  must  also  be 
reasonable  under  all  the  circumstances. — Fertich  v.  Michener,  111  Ind.  472. 


136  SCHOOL    LAW    OF    INDIANA. 

i- 

23.  MANDAMUS  THE  PROPER  ACTION  TO  COMPEL  THE  PERFORMANCE  OF  A 
MINISTERIAL,  DUTY.     Mandamus  is  the  proper  action  to  compel  any  officer  to  per- 
form a  ministerial  duty,  but  mandamus  will  not  lie  to  compel  the  performance  of 
a  discretionary  duty. 

24.  BRIBERY  OF  PUBLIC  OFFICER.     To  offer  a  receipt  for  more  than  the  cost 
of  any  kind  of  apparatus  to  induce  an  officer  to  purchase  is  bribery. — State  v. 
McDonald,  106  Ind.  233. 

26.  COURTS  WILL  NOT  KEVIEW  DISCRETIONARY  ACTS  IF  NOT  ABUSED.     It 
is  a  general  rule  that  courts  will  not  revise  the  exercise  of  discretionary  authority 
by  a  public  officer,  for  as  long  as  he  acts  in  good  faith  and  within  the  general 
scope  of  his  authority,  he  is  not  subject  to  judicial  control. — Tufts  v.  State,  119 
Ind.  232;  Weaver  v.  Templin,  113  Ind.  298;  Leeds  v.  City  of  Richmond,  102  Ind. 
372;  City  of  Kokomo  v.  Mahan,  100  Ind.  242;  Mayor,  etc.,  v.  Roberts,  34 Ind.  471. 

27.  STUDENTS  MUST  SUBMIT  TO  NECESSARY  RULES.     A  student  is  required 
to  submit  to  any  proper  rule  necessary  for  the  good  government  of  the  school. — 
State  v.  White,  82  Ind.  278. 

28.  CONSPIRACY  TO  DEFRAUD  INVALIDATES  TOWNSHIP  ORDERS,  AND  ACTUAL 
VALUE  OF  GOODS  CAN  NOT  BE  OBTAINED.     The  certificate  upon  which  the 
action  was  predicated  originated  in  an  unlawful  and  corrupt  conspiracy  to  de- 
fraud a  public  corporation.     An  agreement  or  conspiracy  between  two  persons 
which  has  for  its  object  the  perpetration  of  a  fraud  or  civil  injury  upon  another, 
is  illegal;  and  any  agreement  to  carry  out  or  consummate  a  scheme  which  in- 
volves a  breach  of  trust,  or  official  duty,  is  unlawful  and  void.     And  the  actual 
value  of  the  goods  furnished  the  township  can  not  be  recovered. — Kittenger  v. 
Monroe  School  Tp.,  3  Ind.  App.  411 ;  Boyd  v.  Mill  Creek  School  Tp.,  124  Ind.  193. 

29.  DELIVERY  AND-  ACCEPTANCE  OF  SUPPLIES.     The  delivery  of  the  goods  to 
a  railroad  company  by  the  vender  is  not  such  a  delivery  as  is  required  to  make 
the  school  township  liable  upon  a  contract  which  its  Trustee  had  no  authority  to 
make.     In  such  a  case  liability  is  based  upon  the  actual  acceptance  and  appro- 
priation of  the  goods.— Boyd  v.  Mill  Creek  School  Tp.,  114  Ind.  210.     But  this 
case  has  been  modified  by  Boyd  v.  Mill  Creek  School  Tp.,  124  Ind.  193,  and  Kit- 
tenger v.  Monroe  School  Tp.,  3  Ind.  App.  411,  where  fraud  appears.     See  also  127 
Ind.  81. 

30.  MECHANIC'S  LIEN  AGAINST  PUBLIC  POLICY.     A  mechanic's  lien  for  work 
done,  or  materials  furnished,  in  the  erection  of  a  public  school  house,  can  not  be 
acquired  or  enforced.     It  is  against  public  policy. — Fatoutv.  Board,  102  Ind.  223. 

32.  TOWNSHIP  MUST  OWN  OR  LEASE  SCHOOL  PREMISES.     A  School  Trustee 
has  no  lawful  authority  to  provide  furniture  for  a  room  for  school  purposes,  or 
employ  teachers  for  services  therein,  unless  such  room  is  owned  or  leased  by  the 
school  township ;  and  even  if  the  County  Superintendent,  on  appeal,  direct  him 
to  do  so,  he  may  properly  disobey  the  order,  and  mandate  will  not  lie  to  compel 
him  to  obey  it.— State  v.  Sherman,  90  Ind.  123. 

33.  DISCRETION   OF  TRUSTEES.     Previous  to   1899,   the   Trustees  were   sole 
judges  of  the  right  to  purchase  property  for  joint  schools. — Craig  School  Tp.  v. 
Scott,  124  Ind.  72. 

109,    Duration  of  school  in  any  year.    2.    Said  School 
Trustees  shall  maintain  in  each  school  corporation  a  term  of 


SCHOOL    LAW   OF   INDIANA.  137 

school  at  least  six  mouths  in  duration,  and  shall  authorize  a 
local  tuition  levy  sufficient  to  conduct  a  six  months'  term  of 
school  each  year  based  on  estimates  and  receipts  from  all  sources 
for  the  previous  year,  which  may  include  that  received  from  the 
State's  tuition  revenue :  Provided,  Such  levy  shall  not  exceed 
the  limit  now  provided  by  law. 

110.  Care  and  management  of  school  property.    3.    Said. 
School  Trustees  shall  have  the  care  and  management  of  all 
property,  real  and  personal,  belonging  to  their  respective  cor- 
porations for  common  school  purposes,  except  the  congressional 
township  school  lands,  which  lands  shall  be  under  the  care  and 
management  of  the  Trustee  of  the  civil  township  to  which  such 
lands  belong. 

1.  DIRECTOR'S  CONTROL.  The  School  Director  has  charge  for  certain  pur- 
poses, but  he  acts  under  the  order  and  with  the  concurrence  of  the  Trustee. — 
Kurd  v.  Walters,  48  Ind.  148. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

111.  Superintendent  in  cities  and  towns.   12.   The  School 
Trustees  of  incorporated  towns  and  cities  shall  have  power  to 
employ  a  Superintendent  for  their  schools  (whose  salary  shall 
be  paid  from  the  special  school  revenue),  and  to  prescribe  his 
duties,  and  to  direct  in  the  discharge  of  the  same.     (R.  S.  1881, 
§4445;  R.  S.  1894,  §5924;  R.  S.  1897,  §6145.) 

1.  COMPENSATION.  In  case  a  person  is  employed  to  superintend  part  of  the 
time  and  teach  part  of  the  time,  he  can  be  paid  for  the  services  he  renders  as 
Superintendent  out  of  the  special  revenue,  and  for  the  services  he  renders  as 
teacher  out  of  the  tuition  revenue.  If  paid  anything  from  the  latter,  he  must 
possess  a  valid  license. 

112.  Joint  graded  schools.     13.    The  School  Trustees  of 
two  or  more  distinct  municipal  corporations  for  school  purposes 
shall  have  power  to  establish  joint  graded  schools,  or  such  modi- 
fications of  them  as  may  be  practicable,  and  provide  for  admit- 
ting into  the  higher  departments  of  their  graded  schools,  from 
the  primary  schools  of  their  corporations,  such  pupils  as  are 
sufficiently  advanced  for  such  admission.     Said  Trustees  shall 
have  the  care  and  management  of  such  graded  schools,  and 


138  SCHOOL    LAW    OF    INDIANA. 

they  shall  select  the  teachers  therefor.  They  shall  have  power 
to  purchase  suitable  grounds  for  such  graded  schools,  and  erect 
suitable  buildings  thereon;  and  the  title  to  all  such  property, 
acquired  for  such  purposes,  shall  vest  jointly  in  the  corpora- 
tions establishing  the  graded  schools.  (K..  S.  1881,  §4446;  K. 
S.  1894,  §  5925 ;  R.  S.  1897,  §  6146.) 

1.  MANAGEMENT  AND  SUPERVISION.     A  joint  graded  school,  as  to  its  man- 
agement and  teachers,  is  subject  to  the  same  laws,  rules  and  regulations  as  town- 
ship graded  schools  [$  111],  except  that  it  is  under  the  joint  management  of  the 
School  Trustees  of  both  corporations.     But  the  teachers  should  attend  the  institutes 
of  the  county  and  township  in  which  the  school  is  situated,  and  should  be  under 
the  supervision  of  the  Superintendent  of  that  county. 

2.  PURCHASE  OF  PROPERTY.     The  two  corporations  may   purchase  jointly 
real  estate;  and  the  Trustees  are  the  sole  judges  of  the  right  to  purchase  property 
of  this  character. — Craig  School  Tp.  v.  Scott,  124  Ind.  72. 

3.  MANAGEMENT  OF  JOINT  GRADED  SCHOOLS.     The  Trustees  act  as  individual 
Trustees,  and  do  not  as  a  unit  represent  their  respective  corporations.     A  majority 
of  the  whole  Board  of  Trustees,  whether  such  majority  come  from  one  corporation 
entirely,  or  from  the  different  corporations  interested,  have  the  power  to  transact 
any  and  all  business,  including  the  employment  of  teachers  relating  to  such  joint 
graded  school. — Hanover  School  Tp.  v.  Gant,  125  Ind.  557. 

4.  NEW  STATUTE.     The  above  section  must  be  construed  in  connection  with 
section  113. 

[1901,  p.  53.    Approved  February  28, 1901.    In  force  May,  1901.] 

113.  Joint  school  district — Petition.  1.  The  Trustees  of 
two  or  more  adjacent  school  corporations  may  establish  a  new 
school  district  and  build  a  school  house  therein  at  the  joint  ex- 
pense of  their  several  corporations,  whenever,  in  their  judgment 
it  shall  appear  necessary  for  the  better  accommodation  of  the 
people  of  their  respective  corporations :  Provided,  That  such 
necessity  must  be  set  forth  in  a  petition  of  the  persons  making 
the  request,  such  petition  to  be  presented  to  each  of  said  Trus- 
tees. And  said  Trustees  shall,  at  the  time  agreed  upon  by 
them,  not  less  than  ten  days  nor  more  than  thirty  days  from  the 
time  of  receiving  such  petition,  hold  a  joint  meeting,  for  the 
purpose  of  declaring  whether  such  petition  shall  be  granted,  and 
take  further  action  as  the  case  may  require. 

] .  NOTE.  An  appeal  lies  to  the  County  Superintendent  by  the  petitioners  if  the 
Trustees  do  not  grant  the  petition ;  but  such  Superintendent  can  not  direct  one 
Trustee,  where  the  other  disagrees  with  him,  to  make  the  selection  of  a  site  for  the 
school  house,  nor  to  purchase  a  lot  without  his  consent. — Hendricks  v.  State,  151 
Ind.  454. 


SCHOOL    LAW   OF    INDIANA.  139 

114.  Expense  of  establishing— Control  of  school.  2.  Each 
corporation  shall  bear  such  part  of  the  expense  of  establishing 
such  joint  district  school  as  the  number  of  children  of  school 
a^e  residing  in  each  corporation  and  attaching  themselves  to 
said  new  district  at  the  time  of  the  formation,  bears  to  the  whole 
number  of  children  of  school  age  who  are  attached  to  said  dis- 
trict at  its  formation  and  each  corporation  shall  assume  its  share 
of  the-  debt  so  incurred.     But  when  said  school  shall  be  estab- 
lished it  shall  be  controlled  by  the  corporation  in  which  it  is 
established  in  the  manner  already  prescribed  by  law. 

115.  Expense  of  maintenance.     3.    The  children  of  school 
a^e  resident  in  a  joint  district  already  established  or  hereafter  es- 
tablished shall  be  admitted  to  the  joint  school  maintained  there- 
in, without  transfer  certificates  or  tuition  charge.     The  Trustees 
of  tlie  various  corporations  from  which  the  joint  district  is  made 
shall  pay  such  part  of  the  cost  of  maintaining  the  joint  school 
as  the  number  of  pupils  enrolled  from  each  corporation  bears  to 
the  whole  number  enrolled  in  the  joint  school. 

[1901,  p.  437.    Approved  and  in  force  March  11, 1901.] 

116.  Abandonment  of  school  district  or  corporation.    1. 

Whenever  a  majority  of  the  legal  voters  of  any  school  district 
or  corporation  shall  petition  the  Trustee  or  Trustees  of  such 
school  district  or  corporation  for  the  abandonment  of  their 
schools  and  the  consolidation  of  their  schools  with  the  schools 
of  some  other  school  district  or  corporation  in  the  same  town- 
ship, it  shall  be  the  duty  of  the  Trustee  or  Trustees  of  such 
school  district  or  corporation  to  comply  with  such  petition,  and 
to  provide  for  the  education  of  the  children  of  such  abandoned 
district  or  corporation  in  other  schools  as  asked  for  in  such 
petition. 

1.     NOTE.     See  section  117. 

[1901,  p.  159.    Approved  and  in  force  March  7, 1901.1 

117.  Consent  of  voters  to  abandonment.     1.    No  Town- 
ship Trustee  shall  abandon  any  district  school  in  his  township 
until  he  shall  have  first  procured  the  written  consent  therefor 
signed  by  a  majority  of  those  legal  voters  who  are  entitled  to 
vote  for  Township  Trustee  in  such  district :     Provided,  This  act 


140  SCHOOL    LAW    OF    INDIANA. 

shall  not  apply  to  schools  which  have  an  average  daily  attend- 
ance of  twelve  (12)  pupils  or  fewer.  It  shall  be  the  duty  of 
every  Township  Trustee  to  re-establish  any  district  school  so 
abandoned  upon  the  written  petition  of  two-thirds  of  the  legal 
voters  who  are  entitled  to  vote  for  Township  Trustee  in  such 
district. 

[1889,  p.  355.    Approved  March  9, 1889,  and  in  force  May  10, 1889.] 

118.  Kindergartens.    1.    In  addition  to  other  grades  or  de- 
partments now  established  in  the  common  schools  of  the  State, 
the  Board  of  Trustees  of  any  incorporated  town   or  city   are 
hereby  empowered  by  law  to  establish,  in  connection  with  the 
common  schools  of  such  incorporated  town  or  city,  a  kinder- 
garten or  kindergartens  for  the  instruction  of  children  between 
the  ages  of  four  and  six,  to  be  paid  for  in  the  same  manner  as 
other  grades  and  departments  now  established  in  the  common 
schools  of  such  incorporated  town  or  city :     Provided,  however, 
That  no  money  accruing  to  such  incorporated  town  or  city  from 
the  "school  revenue  for  tuition  fund"  of  the  State  shall  be  used 
to  defray  the  tuition  and  other  expenses  of  such  kindergarten ; 
but  the  same  may  be  defrayed  from  the  local  tax  for  tuition  and 
the  special  school  revenue  of  said  incorporated  town  or  city. 
(E.  S.  1894,  §  5921 ;  K.  S.  1897,  §  6139. 

1.     NOTE.     See  section  119. 

[1901,  p.  123.    Approved  and  in  force  March  6, 1901.] 

119.  Tax  for  kindergarten.     1.     In  any  city  having  a  pop- 
ulation, according  to  the  latest  United  States  census,  of  over 
six  thousand,  the  Board  of  School  Commissioners  or  School 
Trustees,  may  in  fixing  the  annual  levy  of  taxes  for  school  pur- 
poses include  therein  one  cent  on  each  one  hundred  dollars  valu- 
ation, in  addition  to  the  tax  now  authorized,  for  the  purpose  of 
providing  a  fund  for  the  support  of  free  kindergarten  schools 
in  said  city. 

1.     NOTE.     See  previous  section. 

120.  How  collected  and  disbursed.     2.     The  tax  so  levied 
shall  be  collected  as  the  other  taxes  for  school  purposes  in  such 
city  are  collected  and  shall  be  disbursed  by  the  County  Treas- 


SCHOOL    LAW    OF    INDIANA.  141 

urer  as  other  school  funds  raised  by  local  taxation  are  dis- 
bursed, and  said  free  kindergarten  fund  shall  be  applied  to  the 
aid,  maintenance  and  support  of  free  kindergarten  schools  con- 
ducted by  any  association  incorporated  for  that  purpose  having 
the  approval  of  and  designated  by  the  Superintendent  of  Schools 
of  said  city,  and  said  fund  shall  be  from  time  to  time  paid  over 
to  said  association  for  such  use  upon  the  written  order  of  said 
Superintendent  directed  to  said  County  Treasurer :  Provided, 
That  in  cities  having  a  population  of  more  than  one  hundred 
thousand,  according  to  the  last  preceding  United  States  census, 
such  tax  shall  be  levied  and  such  association  shall  not  receive 
such  funds  unless  for  more  than  two  years  next  preceding  it 
shall  have  maintained  at  least  twelve  such  free  kindergarten 
schools. 

[1889,  p.  187.    Approved  March  6, 1889,  and  in  force  May  10, 1889.] 

121.  Night  Schools.     1.     In  all  cities  having  a  population 
of  three  thousand,  or  more,  according  to  the  census  of  1880,  the 
School  Trustees  of  such  cities  shall  keep  and  maintain  a  night 
school,  between  the  hours  of  seven  and  nine  and  a  half  o'clock 
p.  M.,  during  the  regular  school  terms  as  a  part  of  the  systems 
of  common  schools  whenever  twenty  or  more  inhabitants  of  such 
city,  having  children  between  the  ages  of  fourteen  and  twenty- 
one  years  of  age,  or  persons  over  the  age  of  twenty-one  years 
of  age,  and  who,  by  reason  of  their  circumstances,  are  compelled 
to  be  employed,  or  have  their  children  employed  during  the 
school  days  to  aid  in  the  support  of  such  families,  who  desire  to 
and  who  shall  attend  such  school,  shall  petition  such  School 
Trustee  so  to  do.     (R.  S.  1894,  §  5922;  R.  S.  1897,  §  6140.) 

122.  Age  of  Pupils.     2.     All  persons  between  the  ages  of 
fourteen  and  thirty,  who  are  actually  engaged  in  business  or  at 
labor  during  the  day,  shall  be  permitted  to  attend  such  school. 

(R.  S.  1894,  §  5923;  R.  S.  1897,  §  6141.) 

[1879,  S.  p.  95.    Approved  March  31, 1879,  and  in  force  May  31, 1879.] 

123.  Surplus  special  school  revenue.     1.    It  shall  be  the 
duty  of  the  Board  of  School  Trustees  of  any  city  or  incorpor- 
ated town  in  this  State  to  pay  over  to  the  Common  Council  or 


142  SCHOOL   LAW   OF   INDIANA. 

Board  of  Trustees  of  such  city  or  town  any  surplus  special 
school  revenue  in  the  hands  of  such  School  Trustees,  not  neces- 
sary to  meet  current  expenses ;  such  excess  of  the  revenue 
aforesaid  to  he  applied  for  the  payment  of  the  interest  or  prin- 
cipal, or  both,  of  any  indebtedness  incurred  under  the  pro- 
visions of  the  act  of  March  8,  1873,  authorizing  cities  and  in- 
corporated towns  to  negotiate  and  sell  bonds  to  procure  means 
to  erect  and  complete  unfinished  school  buildings,  and  to  pur- 
chase any  ground  and  building  for  school  purposes,  and  to  pay 
debts  contracted  for  the  erection  and  purchase  of  buildings  and 
grounds.  (R.  S.  1881,  §4447;  R.  S.  1894,  §5926;  R.  S.  1897, 
§6147.) 

1.  PAYMENT  FOR  SCHOOL  HOUSE.  A  city  can  not  pay  for  a  school  house  out 
of  its  general  fund.  Such  payment  must  be  made  out  of  a  fund  especially  levied 
for  that  purpose. — Nill  v.  Jenkinson,  15  Ind.  425. 

[1877,  p.  18.    Approved  and  in  force  March  3, 1877.] 

124.  Things  legalized.  2.  Where  the  excess  of  special 
school  revenue  not  necessary  to  meet  the  current  demand  upon 
such  revenue  shall  have  been,  prior  to  the  passage  of  this  act, 
loaned,  paid  over,  or  applied,  as  provided  in  the  preceding  sec- 
tion, such  loan,  payment  or  application  of  such  moneys  is 
hereby  legalized  and  made  valid,  as  fully  and  completely  as  if 
this  act  had  been  in  full  force  and  effect  at  the  time  such  trans- 
action took  place.  (R.  S.  1881,  §4448;  R.  S.  1894,  §5927;  R. 
S.  1897,  §  6148.) 

11865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

125.  Teacher's  reports.  20.  To  enable  the  Trustees  to 
make  reports  which  are  required  of  them  by  this  act,  the 
teacher  of  each  school,  whether  in  township,  town  or  city, 
shall,  at  the  expiration  of  the  term  of  the  school  for  which 
such  teacher  shall  have  been  employed,  furnish  a  complete 
report  to  the  proper  Trustee,  verified  by  affidavit,  showing  the 
length  of  the  school  term,  in  days;  the  number  of  teachers 
employed,  male  and  female,  and  their  daily  compensation ;  the 
number'  of  pupils  admitted  during  the  term,  distinguishing  be- 
tween males  and  females,  and  between  the  ages  of  six  and 
twenty-one  years ;  the  average  attendance ;  books  used  and 
branches  taught,  and  the  number  of  pupils  engaged  in  the  study 


SCHOOL    LAW    OF    INDIANA.  14o 

of  each  branch.  Until  such  report  shall  have  been  so  filed, 
such  Trustee  shall  not  pay  more  than  seventy-five  per  centum 
of  the  wages  of  such  teacher,  for  his  or  her  services.  (R.  S. 
1881,  §  4449;  E.  S.  1894,  §  5928;  R.  S.  1897,  §  (3149.) 

1.  TEACHER  EXCUSED,  WHEN.     If  the  school  authorities  fail  to  furnish  a 
building  in  which  to  teach  the  school,  or  refuse  to  furnish  a  school  to  be  taught, 
or  wrongfully  discharge  the  teacher,  such  teacher  is  excused  from  making  a 
report. — Charlestown  School  Township  v.  Hay,  74  Ind.  127. 

2.  SUIT.     It  is  a  part  of  a  teacher's  contract  that  he  will  make  a  report,  and 
until  he  does  so  he  can  not  recover  more  than  three-fourths  of  his  wages,  unless 
the  Trustee  has  waived  the  report;  and  the  burden  is  on  the  teacher  to  show 
either  that  he  made  the  report  or  it  was  waived,  if  he  desires  to  recover  the  full 
amount  of  his  earnings. — Owen  School  Township  v.  Hay,  107  Ind.  351. 

3.  TKUANCY.     Teachers  are  required  by  the  compulsory  education  law  to 
report  to  truant  officers  or  other  school  officers  cases  of  truancy  or  irregularity  in 
attendance.     See  Truancy  Law. 

[1883,  p.  118.    Approved  and  in  force  March  6, 1883.] 

126.  Trustees'  reports.  21.  The  Trustees  of  each  town- 
ship, town  or  city,  shall,  annually,  on  the  first  Monday  of 
August,  make  their  report  for  the  school  year  ending  on  the 
81st  day  of  July,  and  furnish  to  the  County  Superintendent 
the  statistical  information  obtained  from  teachers  of  the  schools 
of  their  respective  townships,  towns,  or  cities,  and  embody  in  a 
tabular  form  the  following  additional  items :  The  number  of 
districts;  schools  taught,  and  their  grades;  teachers,  males  and 
females ;  average  compensation  of  each  grade ;  balance  of  tui- 
tion revenue  on  hand  at  the  commencement  of  the  current 
year;  amount  received  during  the  year  from  the  County  Treas- 
urer, and  amount  expended  within  the  year  for  tuition;  and 
balance  on  hand;  length  of  school  taught  within  the  year,  in 
days;  school  houses  erected  during  the  year;  the  cost  of  the 
same ;  the  number  and  kind  before  erected,  and  the  estimated 
value  thereof,  and  of  all  other  school  property;  number  of  vol- 
umes in  the  library,  and  the  number  taken  out  during  the  year 
ending  the  31st  day  of  July  ;  also  the  number  of  volumes  added 
thereto ;  assessment  on  each  one  hundred  dollars  of  taxable 
property,  and  on  each  poll  of  special  tax  for  school  house  erec- 
tion, and  amount  of  such  levy;  balance  of  special  school  reve- 
nue on  hand  at  the  commencement  of  the  current  year;  amount 
received  during  the  year  from  the  County  Treasurer ;  the  amount 
of  said  revenue  expended  during  the  year,  and  balance  on  hand ; 
the  number  of  acres  of  unsold  congressional  school  lands,  the 
value  thereof,  and  the  income  therefrom;  together  with  such 


144  SCHOOL    LAW    OF   INDIANA. 

other  information  as  may  be  called  for  by  the  County  Superin- 
tendent and  the  Superintendent  of  Public  Instruction.     (R.  8. 

1881,  §  4450;  E.  S.  1894,  §  5929;  R.  S.  1897,  §  6150.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

127.  Failure  to  report.     22.     On  failure  of  any  Trustee  to 
make  either  the  statistical  report  required  by  the  last  preceding 
section,  or  the  report  of  the  enumeration  required  by  the  six- 
teenth section  of  this  act  [§  4473],  or  the  report  of  finances 
required  by  the  seventh   section   of  this  act  [§  4441],  to  the 
County  Superintendent,  at  the  time,  and  in  the  manner  specified 
for  each  of  said  reports,  the  County  Superintendent  to  whom 
such  reports  are  due  shall,  within  one  week  of  the  time  the  next 
semi-annual  apportionment  is  to  be  made  by  the  Auditor  of  the 
county,  notify  said  Auditor,  in  writing,  of  any  such  failure ; 
and  the  Auditor  shall  diminish  the  apportionment  of  said  town- 
ship, town  or  city  by  the  sum  of  twenty -five  dollars,  and  with- 
hold from  the  delinquent  Trustee  the  warrant  for  the  money 
apportioned  to  his  township,  town  or  city,  until  such  delinquent 
report  is  duly  made  and  filed.    For  said  twenty -five  dollars,  and 
any  additional  damages  which  the  township,  town  or  city  may 
sustain,  by  reason  of  stopping  said  money,  such  Trustee  shall 
be  liable  on  his  bond,  for  which  the  County  Commissioners  may 
sue.     (R.  S.  1881,  §  4451 ;  R.  S.  1894,  §  5930 ;  R.  S.  1897,  §  6151.) 

128.  Neglecting  duties.     23.    If  a  Trustee  shall  fail  to 
discharge  any  of  the  duties  of  his  office  relative  to  the  schools, 
any  person  may  maintain  an  action  against  him  for  every  such 
offense,  in  the  name  of  the  State  of  Indiana,  and  may  recover, 
for  the  use  of  the  common  school  fund,  any  sum  not  exceeding 
ten  dollars;   which  sum,  when  collected,  shall. be  paid  into  the 
county  treasury,  and  added   by  the  County  Auditor  to  said 
fund,  and  reported  accordingly.     (R,  S.  1881,  §  4452 ;  R.  S.  1894, 
§  5931 ;  R.  S.  1897,  §6152.) 

129.  Failing  to  serve.    24.   Any  person  elected  or  appointed 
such  Trustee,  who  shall  fail  to  qualify  and  serve  as  such,  shall 
pay  the  sum  of  five  dollars,  to  be  recovered  as  specified  in  the 
preceding  section  for  the  use  therein  named,  and  in  like  manner 
added  to  said  fund,  unless  such  person  shall  have  previously 
served  as  such  Trustee.     (R.  S.  1881,  §  4453 ;  R.  S.  1894,  §  5932 ; 
R.  S.  1897,  §  6153.) 


SCHOOL    LAW    OF    INDIANA. 


145 


130.  Trustee's   accounts.     141.    The   books,  papers   and 
accounts  of  any  Trustee,  relative  to  schools,  shall  at  all  times 
be  subject  to  the  inspection  of  the  County  Superintendent,  the 
County  Auditor,  and  the  Board  of  County  Commissioners  of 
the   proper   county.     (R.  S.  1881,  §4454;    R.  S.  1894,  §5933; 
R.  S.  1897,  §6154.) 

131.  Examination  of  Trustee  and  Ms  books.    142.    For 

the  purpose  of  such  inspection,  such  County  Superintendent, 
Auditor,  and  Board  of  County  Commissioners  may,  by  subpoena, 
summon  before  them  any  Trustee,  and  require  the  production 
of  such  books,  papers  and  accounts,  three  days'  notice  of  the 
time  to  appear  and  produce  them  being  given.  (R.  S.  1881, 
§4455;  R.  S.  1894,  §5934;  R,  S.  1897,  §6155.) 

132.  Correction  of  accounts— Removal.    143.    If  any  such 
books  and  accounts  have  been  imperfectly  kept,  said  Board  01 
Commissioners  may  correct  them,  and,  if  fraud  appear,  shall  re- 
move the  person  guilty  thereof.    (R,  S.  1881,  §  4456 ;  R.  S.  1894, 
§5935;  R.  S.  1897,  §6156.) 

1.  INSPECTION.  The  County  Commissioners  may  inspect  a  Trustee's  books 
to  see  if  money  paid  out  has  been  paid  out  according  to  law;  and  if  fraud  ap- 
pears, to  refuse  to  allow  him  credit  for  it,  but  otherwise  they  can  not  refuse  to 
allow  his  claims. — See  Bicknell  r.  Widner  ScliQol  Township,  73  Ind.  501. 


CHAPTER  VIII. 


TAXATION. 


SEC. 

133.  State  tax. 

134.  Uniform  tax. 

135.  Special  tax. 

136.  Assessment  and  collection. 


SEC. 

137.  Local  tax  for  tuition. 

138.  Local  tax,  how  applied. 

139.  Special  tax  to  pay  debts. 

140.  Tax  to  complete  town  school  house  and 

to  support  town  schools. 


[1895,  p.  299.    Approved  and  in  force  March  11, 1895.] 

133.     State  tax.     3.     There  shall  be  in  the  year  1895,  and 

annually  thereafter,  assessed  and  collected,  as  other  taxes  are 

assessed  and  collected,  the  sum  of  eleven  cents  on  each  one 

hundred  dollars'  worth  of  taxable  property,  and  fifty  cents  on 

10— Sen.  LAW. 


146  SCHOOL    LAW    OF   INDIANA. 

each  taxable  poll  in  the  State,  which  money,  when  collected,, 
shall  be  paid  into  the  School  Revenue  for  Tuition  Fund  in  the 
State  Treasury,  and  shall  be  apportioned  to  the  several  counties 
of  the  State  in  the  manner  now  provided  by  law.  (R.  S.  1897, 
§  6167.) 

1.  An  act  of  1873  (p.  216)  legalized  tax  levies  for  tuition  made  by  School 
Trustees  of  cities  prior  to  January  21,  1875. 

[1869,  S.  p.  41.    Approved  and  in  force  May  13, 1869.] 

134.  Uniform  tax.  1.  In  assessing  and  collecting  taxes  for 
school  purposes  under  existing  laws,  all  property,  real  and  per- 
sonal, subject  to  taxation  for  State  and  county  purposes,  shall 
be  taxed  for  the  support  of  common  schools,  without  regard  to 
the  race  or  color  of  the  owner  of  the  property.  (R.  S.  1881, 
§4466;  R.  S.  1894,  §  5952;  R.  S.  1897,  §  6168.)  " 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.J 

136.  Special  tax.  12.  The  Trustees  of  the  several  town- 
ships, towns  and  cities  shall  have  the  power  to  levy  a  special 
tax,  in  their  respective  townships,  towns  or  cities,  for  the  con- 
struction, renting,  or  repairing  of  school  houses,  for  providing 
furniture,  school  apparatus,  and  fuel  therefor,  and  for  the  pay- 
ment of  other  necessary  expenses  of  the  school,  except  tuition ; 
but  no  tax  shall  exceed  the  sum  of  fifty  cents  on  each  one  hun- 
dred dollars'  worth  of  taxable  property  and  one  dollar  on  each 
poll,  in  any  one  year,  and  the  income  from  said  tax  shall  be 
denominated  the  special  school  revenue.  Any  taxpayer  who 
may  choose  to  pay  to  the  Treasurer  of  the  township,  town  or 
city  wherein  said  taxpayer  has  property  liable  to  taxation,  any 
amount  of  money,  or  furnish  building  material  for  the  construc- 
tion of  school  houses,  or  furniture  or  fuel  therefor,  shall  be 
entitled  to  a  receipt  therefor  from  the  Trustee  of  said  township, 
town  or  city,  which  shall  exempt  such  taxpayer  from  any 
further  taxes  for  said  purposes,  until  the  taxes  of  said  taxpayer, 
levied  for  such  purposes,  would,  if  not  thus  paid,  amount  to  the 
sum  or  value  of  the  materials  so  furnished  or  amount  so  paid : 
Provided,  That  said  building  materials,  or  furniture  and  fuel, 
shall  be  received  at  the  option  of  said  Trustee.  (R.  S.  1881, 
§  4467 ;  R.  S.  1894,  §  5953 ;  R.  S.  1897,  §  6169.) 


SCHOOL    LAW    OF    INDIANA.  147 

1.  THIS  SECTION  CONSTITUTIONAL.  This  question  is  decided  in  Rose  v.  Bath 
Tp.,  10  Ind.  18,  and  several  other  cases. 

The  school  corporations  of  the  State  can  not  be  authorized  by  statute  to  estab- 
lish and  maintain  schools  separate  and  apart  from  the  common  school  system  of 
the  State.  Such  a  statute  is  unconstitutional.  But  they  are  not  prohibited  from 
aiding  those  common  schools  established  under  the  supervision  of  the  State,  by 
levying  a  special  tax. — Lafayette  v.  Jenners,  10  Ind.  70;  Greencastle  Tp.  v.  Black, 
5  Ind.  'V>7. 

3.  COMMISSIONERS  HAVE  NO  CONTROL.     By  the  above  section  the  Legislature 
amended  the  act  of  1865,  giving  Trustees  the  absolute  right  to  levy  a  special  tax 
by  increasing  the  amount  from  twenty-five  cents  to  fifty  cents,  and  reaffirming  the 
former  law,  otherwise  in  the  very  words  of  it.     This  clearly  removes  all  authority 
of  Commissioners  over  the  Trustees  in  making  their  special  school  levies. — Cole 
v.  State,  131  Ind.  591;  Shepardson  v.  Gillette,  133  Ind.  125. 

4.  BANK  STOCK.     Shares  of  bank  stock  in  a  national  bank  are  liable  to  the 
special  tax  authorized  by  this  section. — Daniels  v.  Strader,  39  Ind.  63;  Hoot  v. 
Erdelmeyer,  37  Ind.  225,  affirming  1  Wilson  99. 

5.  WHO  LEVIES  AND  COLLECTS.     The  Township  Trustee  makes  the  recom- 
mendation of  a  certain  rate  of  taxation,  but  the  Township  Advisory  Board  makes 
the  levy.    Under  the  old  law  the  Township  Trustee  might  levy. — Heal  v.  Jefferson 
Tp.,  15  Ind.  431;  Colec.  State,  131  Ind.  591;  Shepardson  v.  Gillette,  133  Ind.  125; 
Adamson  r.  Auditor,  9  Ind.  174. 

6.  CONSTITUTIONAL  LIMIT  OF  DEBT.     Where  the  indebtedness  of  a  city  or 
town  has  reached  the  constitutional  limit  of  two  per  cent,  it  may  contract  for  and 
erect  school  houses,  the  cost  of  which  to  be  paid  in  such  installments  as  will  fall 
within  the  annual  income  from  the  special  school  tax  levy. 

7.  BOARD  OF  SCHOOL  TRUSTEES  OF  CITY  HAS  POWER  TO  MAKE  LEVY  INDE- 
PENDENT OF  COMMISSIONERS — DUTY  OF  AUDITOR  TO  MAKE  AND  EXTEND  THE 
As- KSSMENT.     A  Board  of  School  Trustees,  for  the  purpose  of  creating  a  special 
school  revenue  in  accordance  with  the  above  section,  levied  a  special  school  tax 
of  40  cents  on  each  $100  of  taxable  property  in  the  city,  and  50  cents  on  each 
poll.     The  special  levy  was  duly  certified  to  the  Auditor  of  the  county  with  the 
request  that  he  make  the  proper  assessment  of  the  special  school  tax  as  levied  by 
the  Board  of  Trustees,  and  extend  the  same  upon  the  tax  duplicate ;  but  the  Audi- 
tor, under  the  direction  of  the  Board  of  Commissioners,  failed  and  refused  to 
extend  the  assessment  on  the  tax  duplicate,  and  modified  the  levy  made  by  the 
Board  of  School  Trustees.     It  was  decided  that  the  section  authorized  a  Board  of 
School  Trustees  of  a  city  to  levy  the  tax  independently  of  the  Board  of  Commis- 
sioners, and  when  made  it  is  the  duty  of  the  Auditor  to  make  the  assessment  and 
extend  the  same  on  the  tax  duplicate.— Wood  v.  School  City  of  Tipton,  132  Ind.  206. 

8.  GENERAL  LAWS — UNIFORM  SYSTEM  OF  SCHOOLS.     A  system  that  secures 
to  all  the  various  subdivisions  of  the  State  equal  and  uniform  rights  and  privileges, 
leaving  only  to  the  local  authorities  the  right,  under  the  law,  to  govern  the  local 
school  affairs,  is  a  general  and  uniform  system,  and  a  law  providing  such  a  system 
is  a  general  law  within  the  meaning  of  the  Constitution. — Robinson  v.  Schenck, 
102  Ind.  307 ;  Adamson  v.  Auditor,  9  Ind.  174;  Rose  v.  Bath  Tp.,  10  Ind.  18. 


148  SCHOOL    LAW    OF    INDIANA. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

136,  Assessment  and  collection,    13.    The  County  Auditor 
shall,  upon  the  property  and  polls  liable  to  taxation  for  State 
and  county  purposes,  make  the  proper  assessments  of  special 
school  tax  levied  by  the  Trustee,  in  the  same  manner  as  for 
State  and  county  revenue,  and  shall  set  down  the  amount  of 
said  tax  on  his  tax-list  and  duplicate  thereof,  as  other  taxes  are 
set  down,  in  appropriate  columns ;    and  he  shall  extend  said 
assessment  to  the  taxable  property  of  the  person  transferred, 
which  is  situate  in  the  township,  town  or  city  to  which  the 
transfer  is  made,  and  to  the  property  and  poll  of  the  person 
transferred,  situate  in  the  township,  town  or  city  in  which  the 
person  taxed  resides,  according  to  the  rate  and  levy  thereof  in 
the  township,  town  or  city  to  which  the  transfer  is  made,  and 
for  its  use;    and  said  tax  shall   be  collected  by  the   County 
Treasurer  as  other  taxes  are  collected,  and  shall  be  paid,  when 
collected,  to  the  Treasurer  for  school  purposes  of  the  proper 
township,  town  or  city,  upon  the  warrant  of  the  County  Auditor. 
To  enable   County  Auditors  correctly  to  assess  said  tax,  the 
County  Superintendents  of  the  several  counties  shall,  at  the 
time  they  make  out  and  report  to  the  Auditor  the  basis  of 
the  apportionment  of  school  revenue  for  tuition,  as  is  required 
by  section  4432  [§  92],  make  out  and  report  to  said  Auditor  a 
statement  of  transfers  which  have  been  made  for  school  pur- 
poses according  to  sections  4472  [§  92  and  §  93]  and  4473.     (R.  S. 
1881,  §4468;  R,  S.  1894,  §5954;  R.  S.  1897,  §6170.) 

1.  LEVY  OF  TAXES  ON  PERSON  TRANSFERRED.  Formerly  it  was  the  duty 
of  the  Auditor  to  extend  the  school  tax  to  all  persons  transferred  to  the  township, 
town  or  city,  and  such  tax  was  imposed  upon  all  the  property  of  such  person  sit- 
uated in  the  township,  town  or  city  to  which  he  was  transferred,  as  well  as  to  all 
his  property  situated  in  the  township,  town  or  city  from  which  he  was  trans- 
ferred.— Johns  v.  State,  130  Ind.  522. ;  but  now  no  tax  is  levied  upon  the  property 
of  persons  transferred  unless  it  is  situated  in  the  township  to  which  the  transfer 
is  made.  The  township  from  which  the  transfer  is  made  pays  the  tuition  of  the 
pupil  transferred.  Section  143. 

[1895,  p.  153.    Approved  and  in  force  March  7, 1895.1 

137.  Local  tax  for  tuition.    1.    The  School  Trustees  of 
the  several  townships,  towns  and  cities  shall  have  power  to 
levy  annually  a  tax  not  exceeding  thirty-five  cents  on  each  one 


SCHOOL    LAW    OF   INDIANA.  149 

hundred  dollars  of  taxable  property,  and  twenty -five  cents  on 
each  taxable  poll,  which  tax  shall  be  assessed  and  collected  as 
the  taxes  of  State  and  county  revenues  are  assessed  and  col- 
lected, and  the  revenues  arising  from  such  tax  levy  shall  consti- 
tute a  supplementary  tuition  fund,  to  extend  the  terms  of  school 
in  said  townships,  towns  and  cities  after  the  tuition  funds  ap- 
portioned to  such  townships,  towns  and  cities  from  the  State 
tuition  revenue  shall  have  been  exhausted  :  Provided,  however, 
Thrt  should  there  be  remaining  in  the  tuition  fund  of  any 
township,  town  or  city  levying  such  tax  at  the  close  of  any 
school  year  any  unexpended  balance  of  such  supplementary 
tuition  fund  assessed  and  collected  for  use  in  such  school  year, 
or  previous  year,  equal  to  or  exceeding  in  amount  one  cent 
upon  each  one  hundred  dollars  of  taxable  property  in  said 
township,  town  or  city,  then  it  shall  be  the  duty  of  the  County 
Auditor  to  take  notice  of  the  same,  at  the  time  when  the 
Trustee  or  Trustees  of  such  school  corporation  shall  make  the 
annual  levy  for  such  tax  such  Trustee  or  Trustees  shall  make, 
under  oath,  an  estimate  of  the  amount  of  supplementary  tuition 
fund  that  will  be  required  to  meet  the  actual  expenses  of  the 
schools  for  the  next  school  year,  and  from  such  estimate  said 
Auditor  shall  deduct  the  unexpended  balance  of  such  fund  in 
such  Trustee  or  Trustees'  hands  on  the  first  Monday  of  July, 
and  the  said  Trustee  or  Trustees  shall  make  a  levy  not  larger 
than  shall  be  sufficient  to  produce  a  supplementary  revenue 
equal  to  the  amount  remaining  of  such  sworn  estimate  after 
such  unexpended  balance  shall  have  been  deducted  therefrom. 
(E.  S.  1897,  §6171.) 

1.  WHO  MAKES  LEVY.     The  levy  is  made  by  the  School  Trustees  of  cities  and 
towns,  and  by  the  Township  Advisory  Boards  of  townships. 

2.  CONSTITUTIONAL,.     The  tax  authorized  by  this  section  is  valid,  the  section 
being  constitutional. — Kobinson  v.  Schenck,  102  Ind.  307;  Shepardson  v.  Gillette, 
133  Ind.  125. 

138.  Local  tax,  how  applied.  2.  The  funds  arising  from 
such  tax  shall  be  under  the  charge  and  control  of  the  same  offi- 
oers,  secured  by  the  same  guarantees,  subject  to  the  same  rules 
and  regulations,  and  applied  and  expended  in  the  same  manner 
as  funds  arising  from  taxation  for  common  school  purposes  by 


150  SCHOOL    LAW    OF    INDIANA. 

the  laws  of  this  State :  Provided,  That  the  funds  assessed  and 
collected  in  any  school  township,  school  town  or  school  city 
shall  be  applied  and  expended  in  the  same  ,school  township, 
towTn  or  city  in  which  such  funds  shall  have  been  assessed  and 
collected.  (R.  S.  1897,  §  6172.) 

1.  ANTICIPATING.  This  revenue  is  not  forbidden  to  be  anticipated,  as  is  the 
State's  tuition  revenue. — Harney  v.  Wooden,  30  Ind.  178. 

[1871,  p.  209.    Approved  and  in  force  March  11,1871.] 

139.  Special  tax  to  pay  debts.  1.  In  all  cases  where  any 
Township  Trustee  may  have  heretofore  made  and  contracted 
debts  against  any  township  in  the  construction,  repairing  or 
completion  of  school  houses,  or  in  providing  furniture  or  school 
apparatus  therefor,  and  the  special  school  revenue  tax,  as  pro- 
vided for  in  section  135,  shall  be  insufficient  to  satisfy,  pay  and 
liquidate  debts  so  made  and  contracted  by  such  Trustee,  then, 
and  in  that  case,  it  shall  be  lawful  and  such  Township  Trustee 
is  hereby  authorized  to  levy  an  additional  tax  of  not  exceeding 
twenty-five  cents  on  each  one  hundred  dollars'  worth  of  taxa- 
ble property,  in  any  one  year,  to  the  amount  now  authorized  to 
be  levied  under  said  section,  for  the  purpose  of  paying,  satisfy- 
ing and  liquidating  the  debts  made  and  contracted  by  said 
Trustee  for  the  purposes  aforesaid ;  and  it  shall  be  lawful  and 
said  Trustee  is  hereby  authorized  to  make  said  levy  for  each 
and  every  year  after  the  passage  of  this  act,  until  said  debts, 
made  and  contracted  as  aforesaid  for  the  purposes  aforesaid, 
shall  be  fully  paid,  satisfied  and  liquidated :  Provided,  That 
nothing  in  this  act  shall  be  construed  to  alter,  change,  modify, 
repeal  or  in  any  way  conflict  with  section  135  :  Provided,  further, 
That  such  additional  levy  shall  only  be  made  after  the  legal 
voters  of  the  township  to  be  affected  thereby  shall  have  de- 
clared in  favor  thereof. .  (R.  S.  1881,  §  4471 ;  R.  8.  1894,  §  5957 ; 
R.  S.  1897,  §  6173. 

1.  MANDATE.  It  is  the  duty  of  the  Trustee  of  a  township  to  apply  the  tuition 
funds  of  the  township,  when  received,  to  the  payment  of  its  indebtedness  for 
tuition,  and  the  performance  of  such  duty  may  be  enforced  by  mandate. — State  r. 
Cooprider,  96  Ind.  279. 


SCHOOL    LAW    OF    INDIANA.  151 

[1885,  p.  171.    Approved  and  in  force  April  10, 1885.J 

140.  Tax  to  complete  town  school  houses  and  to  support 
town  schools.  Seventeenth.  Such  Board  of  Trustees  shall 
have  power  to  complete  school  houses  now  in  progress  of  erec- 
tion, and  provide  for  the  payment  of  the  same ;  to  erect  or  pro- 
vide such  school  houses  as  may  be  necessary  for  the  use  of 
schools  of  the  town,  to  keep  them  in  repair,  and  to  provide  fuel 
and  other  necessaries  therefor. 

Nineteenth.  The  said  Board  of  Trustees  shall  have  power  to 
levy  and  collect  annual  taxes  not  exceeding  thirty  cents  on  the 
one  hundred  dollars  valuation  on  all  property  subject  by  law  to 
taxation,  for  the  support  of  town  schools  within  their  said  cor- 
poration. (R.  S.  1894,  §4357;  R.  S.  1897,  §4462.) 

1.  STATUTE  VALID.  This  statute  has  been  declared  valid  in  Shepardson  v.. 
Gillette,  133  Ind.  125. 


CHAPTER   IX. 

KXrMKKATION. 


SEC. 

141.  Trustee    to    take  — His    duties  — Who 

enumerated. 

142.  Transfer. 

143.  Tuition. 

144.  Appeal. 

145.  Payment  of  tuition— Refusal  to  make. 


SEC. 

146.  Rights  not  abridged. 

147.  Transfer  to  school  corporation  of  100,000, 

148.  Payment  of  tuition. 

149.  Enumeration,  where  filed — Retaking. 

150.  Township  in  two  or  more  counties-* 

Report. 


[1895,  p.  127.    Approved  and  in  force  March  5, 1895.) 

141.    Trustee  to  take— His  duties— Who  enumerated.   14. 

The  School  Trustees  of  the  several  townships,  towns  and  cities 
shall  take  or  cause  to  be  taken,  between  the  tenth  day  of  April 
and  the  thirtieth  day  of  the  same  month,  each  year,  an  enu- 
meration of  all  unmarried  persons  between  the  ages  of  six 
and  twenty-one  years  resident  within  the  respective  townships, 
towns  and  cities. 

Each  person  required  or  employed  to  take  such  enumeration 
shall  take  an  oath  or  affirmation  to  take  the  same  accurately 
and  truly  to  the  best  of '  his  skill  and  ability.  Such  oath  or 
affirmation  shall  be  made  a  matter  of  record  and  kept  on  file  in 
the  office  of  the  School  Trustee. 


152  SCHOOL    LAW    OF    INDIANA. 

In  making  the  said  enumeration,  the  Trustee,  or  person  so 
employed,  shall  distinguish  between  the  white  and  colored 
children,  enumerating  them  in  separate  lists,  and  shall  list  the 
names  of  parents,  guardians,  heads  of  families,  or  persons  hav- 
ing charge  of  such  child  or  children,  male  or  female,  shall  list 
the  full  name  and  give  the  sex  and  age  of  each  child  so  enu- 
merated, shall  secure  the  signature  of  either  parent,  guardian, 
head  of  family,  or  person  having  charge  of  such  child  or 
children,  certifying  to  the  correctness  of  the  same,  or  if  this  is 
impossible,  shall  secure  the  signature  of  some  responsible  person 
who  can  certify  to  the  correctness  of  said  list ;  and  he  shall  give 
the  number  of  the  school  district  to  which  such  parent,  guardian, 
head  of  family  or  person  having  charge  of  such  child  or  children 
is  attached  for  school  purposes,  and  the  number  and  initials 
which  designate  the  congressional  township  in  which  such  par- 
ent, guardian,  head  of  family  or  person  having  charge  of  such 
child  or  children  resides.  In  cities  the  said  enumerator  shall 
give,  in  addition  to  the  above  enumerated  items,  the  street  and 
number  of  the  residence  of  such  person.  He  shall  include  in 
such  list  all  unmarried  persons  between  the  ages  of  six  and 
twenty-one  years,  whose  parents,  guardians,  heads  of  families  or 
persons  having  charge  of  such  child  or  children,  shall  have  been 
transferred  to  his  township,  town  or  city  for  school  purposes; 
and  he  shall  exclude  from  such  list  all  persons  whose  parents, 
guardians,  heads  of  families  or  persons  having  charge  of  such 
child  or  children  shall  have  been  transferred  from  his  township, 
town  or  city  for  school  purposes.  He  shall  not  include  in  such 
list  any  persons  residing  temporarily  in  his  township,  town  or 
city  for  the  purpose  of  attending  school,  or  who  are  members 
of  a  family  staying  temporarily  in  his  township,  town  or  city, 
but  whose  actual  residence  is  elsewhere.  He  shall  include  in 
his  list  such  unmarried  persons  between  six  and  twenty-one 
years  of  age  as  are  dependent  upon  themselves  and  not  under 
charge  of  parents,  guardian  or  heads  of  families,  and  shall  so 
designate  such  persons  in  a  separate  list,  giving  in  cities  the 
street  and  number  of  the  residence  of  such  persons.  He  shall 
enumerate  no  one  who  is  not  reported  to  him  personally,  and 
properly  certified  to  as  herein  provided,  except  in  cases  of  minors 
who  are  dependent  upon  no  one,  and  not  inmates  of  any  family 
who  may  be  reported  as  herein  provided  for :  Provided,  That 


SCHOOL    LAW    OF    INDIANA.  153 

if  any  parent,  guardian,  head  of  family  or  person  having  charge 
of  any  child,  shall  be  absent,  the  enumerator  shall  ascertain  the 
facts  required  from  other  reliable  sources,  and  sign  his  own 
name  to  the  certificate  herein  required ;  and  in  case  any  parent, 
guardian,  head  of  family  or  person  having  charge  of  any  child 
entitled  to  school  privileges  shall  refuse  to  report  to  the  enumer- 
ator any  facts  herein  required,  necessary  to  a  full  and  accurate 
enumeration,  he  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  not  less  than  one  nor  more  than 
ten  dollars.  Each  person  required  or  employed  to  take  the 
enumeration  as  provided  for  in  this  act,  shall,  when  making 
returns  of  said  enumeration  to  the  proper  officers,  make  affidavit 
or  affirmation  that  he  has  taken  and  returned  the  enumeration 
in  accordance  with  the  provisions  of  this  act,  to  the  best  of  his 
knowledge  and  belief,  and  that  such  list  contains  the  names 
of  all  persons  entitled  to  be  enumerated,  arid  no  others.  The 
officer  to  whom  such  return  is  required  to  be  made  may  take 
and  shall  certify  such  affidavit  or  affirmation,  and  shall  keep  in 
his  office  such  affidavit  or  affirmation  and  such  report  and  list 
of  names;  and  each  person  so  taking  and  returning  the  enu- 
meration shall  be  allowed  by  the  Township  School  Trustee,  or 
the  School  Trustees  of  incorporated  towns  and  cities,  reasonable 
compensation  per  diem  for  his  services,  to  be  paid  out  of  the 
special  school  fund  of  such  township,  town  or  city.  Any  person 
appointed  as  enumerator,  or  any  officer  through  whose  hands 
the  enumeration  required  by  this  act  shall  pass,  who  shall 
knowingly  enumerate  persons  not  entitled  to  be  enumerated,  or 
who  shall  in  any  manner  add  to  or  take  from  the  number 
actually  enumerated,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  of  such  offense,  shall  be  fined  in  any  sum 
not  less  than  five  nor  more  than  one  hundred  dollars,  or  impris- 
onment in  the  county  jail  not  less  than  ten  nor  more  than  thirty 
days,  at  the  discretion  of  the  court.  (R.  S.  1897,  §  6174.) 

1.  WHO  MAY  BE  ENUMERATED.     Only  persons  between  the  ages  of  6  and  21 
years  are  entitled  to  be  enumerated,   ancF  to  have  the  benefits  of  the  common 
schools. — Draper  v.  Cambridge,  20  Ind.  268.     A  minor  attains  to  21  years  of  age 
on  the  day  preceding  the  twenty-first  anniversary  of  his  birth. — Wells  v.  Wells,  6 
Ind.  447. 

2.  RESIDENCE.     The  legal  domicile  and  residence  of  a  minor,  not  emanci- 
pated, is  that  of  his  parents.     Parents  residing  in  another  State  can  not  send  their 


154  SCHOOL    LAW    OF    INDIANA. 

children  into  this  State  for  the  purpose  of  procuring  an  education,  and  enable 
them  to  acquire  such  a  residence  here  as  will  entitle  them  to  admission  into  the 
common  schools  of  this  State,  unless  the  circumstances  are  such  as  will  create  a 
bona  fide  legal  residence  here. — Wheeler  v.  Burrow,  18  Ind.  14. 

3.  NON-RESIDENT  STUDENTS.     Persons  residing  temporarily  within  a  corpo- 
ration, for  the  purpose  of  studying  at  a  school  or  college  there  located,  do  not 
acquire  a  legal  residence  therein. 

4.  CHOICE  OF  DISTRICTS.     A  person  may  be  detached  from  one  district  and 
attached  to  another  at  any  time  during  the  year,  with  the  consent  of  the  Trustee, 
upon  presentation  to  him  of  a  suitable  reason  therefor;  but  a  person  whose  school 
privileges  have  been  affected  by  his  removal,  or  by  the  relocation  of  a  school 
house,  has  the  right  at  the  next  enumeration  to  choose  a  district  in  the  township 
to  which  he  will  be  attached. 

The  distinction  must  be  observed  between  a  transfer  and  an  attachment  to  a 
district,  the  former  being  a  change  from  one  corporation  to  another,  the  latter 
from  one  district  to  another  in  the  same  corporation. 

5.  CHOICE  OF  SCHOOLS  IN  CITIES  AND  TOWNS.     There  is  no  provision  in  the 
law,  that  we  are  aware  of,  authorizing  parents  or  guardians  to  determine  to  which 
one  of  the  schools  they  will  send  their  children  in  towns  and  cities.     These  mat- 
ters are  managed,  we  believe,  by  the  Trustees  exclusively,  in  towns  and  cities, 
who,  doubtless,  to  some  extent,  consult  the  wishes  of  the  inhabitants,  having  in 
view  the  grade  of  the  school  which  it  is  proper  that  any  given  pupil  should  at- 
tend,  the  convenience  of  parents  and  the  surrounding  circumstances. — City  of 
Crawfordsville  v.  Hays,  42  Ind.  207. 

6.  PRIVILEGES  OF  CERTAIN  CHILDREN.     The  School  Trustees  are  required  to 
"make  an  enumeration  of  the  children,  white  and  colored,  within  their  respective 
townships,  towns  and  cities,"  and  to  "list  the  names  of  parents,  guardians  or  heads 
of  families,  male  and  female,  having  charge  of  such  children."     The  law  in  this 
section  recognizes  three  distinct  relations  in  which  the  person  having  charge 'of  a 
child  may  stand  to  the  child,  viz.,  parent,  guardian  and  head  of  a  family.     The 
term  "heads  of   families"  must   refer  to  a  relation   not  included  in 'the  terms 
"parents"  and  "guardians."     It  is  intended  to  cover  cases  where  a  person  has 
children  of  school  age  in  his  home  and  under  his  protection,  whether  as  employes 
or  as  members  of  his  family,  though  without  formal  adoption  or  legal  guardian- 
ship.    But  there  are  other  cases  which  the  provision  of  the  statute  as  to  listing 
names  does  not  include,  but  which  must  be  provided  for  under  the  requirement 
for  enumerating  the  children  within  the  several  corporations.     The  domicile  of  a 
minor  is  with  his  parent  or  guardian,  and  in  theory  every  minor  is  supposed  to  have 
a  guardian.     But,  in  fact,  many  are  completely  sui  juris,  independent  of  parental 
control  or  support,  and  living  by  their  own  labor.     The  homes  of  such,  for  the 
purposes  of  this  section,  must  be  the  places  where  they  are  employed  or  stay  with- 
out any  immediate  intentijon  of  departing  therefrom.     No  one  can  be  said  to  have 
charge  of  them,  they  do  not  live  at  the  homes  of  their  employers,  and  are  not  under 
their  protection  as  heads  of  families*    They  are  none  the  less  entitled  to  school 
privileges  under  what  our  Constitution  requires  to  be  a  "general  and  uniform 
system  of  common  schools,  wherein  tuition  shall  be  without  charge,  and  equally 
open  to  all." 

The  Supreme  Court  remarks,  incidentally,  in  Johnson  v.  Smith,  64  Ind.  275: 
"The  theory  of  these  statutory  provisions  is,  that  each  and  every  child  of  the  proper 


SCHOOL    LAW    OF    INDIANA.  155 

age,  without  regard  to  race  or  color,  within  the  limits  of  this  State,  is  entitled  of 
right,  and  without  charge  for  tuition,  to  the  benefits  of  such  an  education  as  may 
be  obtained  in  and  by  our  common  schools." 

All  persons  between  the  ages  of  six  and  twenty-one  years  are  entitled  to  school 
privileges,  and  may  be  enumerated  in  the  school  corporations  in  which  they,  in 
good  faith,  have  their  home  —  understanding  home  in  the  general  sense,  not  in  the 
technical  sense  of  legal  domicile.  Those  who  are  in  any  way  in  charge  of  a  resi- 
dent head  of  a  family  should  be  so  enumerated;  those  who  can  not  be  so  assigned 
may  be  enumerated  as  without  guardian.  In  acting  under  this  interpretation 
Trustees  should  guard  against  imposition,  by  finding  out  whether  the  case  can  be 
brought  under  the  law  of  transfer  ($%  142,  143);  and,  if  not,  whether  the  child 
is  dependent  upon  himself  for  support,  or  upon  the  person  with  whom  he  lives. 
In  either  ease  he  should  be  admitted  to  the  schools.  But  children  can  not  legally 
be  maintained  and  sent  to  school  by  parents  or  guardians  in  corporations  other 
than  those  in  which  they  themselves  reside,  nor  can  a  minor  become  a  resident  of 
a  school  corporation  merely  to  acquire  an  education  therein. 

7.  COLORED   CHILDREN.     The  Township  Trustee  will  not  be  compelled  by 
the  courts  to  make  a  separate  list  of  colored  children,  unless  a  separate  school  for 
them  is  practicable.—  State  v.  Grubb,  85  Ind.  213. 

8.  MANDATE  —  PLEADINGS.     In  an  application  for  a  mandate  to  enforce  the 
admission  of  a  person  to  a  common  school,  the  complaint  should  affirmatively 
show  that  the  applicant  is  under  twenty-one  and  not  under  six  years  of  age,  and 
unmarried,  or  such  complaint  will  be  bad  on  demurrer.  —  Draper  v.  Cambridge, 
20  Ind.  268. 

9.  REPORT,  EFFECT.     The  report  of  the  Trustee  was  formerly  conclusive  on 
the  County  Superintendent.  —  Young  v.  State,  138  Ind.  206. 

ri901,  p.  448.    Approved  and  in  force  March  11,  1901.] 

142.  Transfer.  1.  If  any  child  resident  in  one  school  cor- 
poration of  the  State  may  be  better  accommodated  in  the  schools 
of  another  school  corporation  the  parent,  guardian  or  custodian  of 
such  child  may  at  any  time  ask  of  the  School  Trustee,  Board  of 
School  Trustees  or  Commissioners  of  the  School  Corporation  in 
which  such  child  resides,  an  order  of  transfer,  which,  if  granted, 
shall  entitle  such  child  to  attend  the  schools  of  the  corporation 
to  which  such  transfer  is  made,  under  the  conditions  hereinafter 
prescribed  :  Provided,  It  shall  also  be  cause  for  transfer  if  the 
nearest  school  to  any  child  entitled  to  school  privileges  shall  be 
more  than  one  mile  from  the  residence  of  such  child  and  there 
be  a  school  in  an  adjoining  corporation  within  one-half  mile, 
unless  free  transportation  is  provided. 

1.  ANNUAL  TRANSFER.     Formerly  transfers  had  to  be  made  every  year;  a 
transfer  for  one  year  was  not  valid  for  the  next  year.  —  143  Ind.  84. 

2.  THE  RIGHT  OF  TRANSFER.     Formerly  persons  could  be  transferred  at  no 
other  time  than  at  the  time  enumeration  was  taken,  and  then  only  when  the  Trus- 
tee was  satisfied  that  they  could  be  better  accommodated.  —  Edwards  r.  Trustee, 
etc.,  143  Ind.  84;  but  now  the  transfer  may  be  made  at  any  time. 


156  SCHOOL    LAW    OF    INDIANA. 

3.  APPEAL.     The  right  to  be  transferred  is  not  absolute,  depending  upon  the 
choice  of  the  citizen,  like  the  right  to  be  attached  to  any  school  in  his  township. 
It  can  only  be  claimed  if  he  ucan  be  better  accommodated  "  by  such  transfer,  and 
the  power  of  the  Trustee  to  make  the  transfer  depends  upon  the  existence  of  that 
condition.     Of  necessity,  then,  he  must  determine  whether  or  not  the  condition 
exists,  and  act  upon  such  determination.     But  his  decision  is  not  final.     Section 
327  expressly  provides  for  an  appeal  to  the  County  Superintendent  from  all  de- 
cisions of  the  Trustee  relative  to  school  matters;  and  for  the  purpose  of  prevent- 
ing, as  far  as  can  be,  vexatious  litigation,  provides  that  the  decision  of  the  County 
Superintendent  shall  be  final  as  to  certain  matters,  among  which  is  enumerated 
"transfers  of  persons  for  school  purposes." — Fogle  v.  Gregg,  26  Ind.  345;  Edwards 
v.  Trustee,  etc.,  143  Ind.  84. 

4.  To  WHAT  CORPORATIONS.     Previous  to  1899  persons  could  only  be  transfer- 
red from  one  Township  to  an  adjoining  township;  the  word  adjoining  did  not,  how- 
ever,  apply  to  cities  and  towns. — Edwards  v.  Trustees,  etc.,  143  Ind.  84.     But 
now  no  restriction  is  placed,  in  this  respect,  upon  the  township  to  which  the  transfer 
may  be  made. 

5.  BETTER  ACCOMMODATIONS.     The  right  of  transfer  for  educational  purposes, 
provided  by  statute,   is  given  only  to  persons  who  can  be  better  accommodated 
thereby.     It  is  a  personal  right,  and  each  request  for  transfer  is  to  be  considered 
and  determined  upon  its  merits  as  a  separate  case  by  the  school  officers ;  that  is, 
can  the  person  requesting  the  transfer,  taking  all  the  surroundings  and  conditions 
that  will  exist  during  the  coming  school«year  into  consideration,  be  better  accom- 
modated during  such  year  with  school  privileges  at  the  schools  of  the  school  cor- 
porations to  which  he  seeks  transfer  than  at  the  schools  of  the  school  corporation 
in  which  he  resides  ? 

In  the'determi  nation  of  this  question  many  things  would  be  material  and  per- 
tinent ;  the  proximity  of  the  schools  Jn  the  township  and  city  to  the  residence  of 
relator ;  the  kind  and  character  of  the  roads  to  each  ;  the  means  of  transportation, 
if  any,  to  each ;  the  crowded  condition  of  the  schools  in  either  of  the  two  school 
corporations. — Edwards  v^  Trustee,  etc.,  143  Ind.  84. 

7.  TAXES  OF  TRANSFERRED  PERSONS.     Persons  now  transferred  are  no  longer 
taxed  in  the  township  to  which  they  are  transferred,  unless  they  have  property  in 
that  township.     For  a  decision  on  the  old  law,  see  Johns  v.  State,  130  Ind.  522. 

8.  To  WHAT  TAXES  LIABLE.     Formerly  a  transferred  person  was  liable  to  all 
taxes  levied  for  school  purposes  in  the  corporation  to  which  he  was  transferred, 
and  at  the  same  rate  as  resident  school  patrons. — Johns  v.  State,  130  Ind.  522. 

9.  CONSTITUTIONAL.     The  provisions  of  the  old  section  authorizing  the  taxa- 
tion of  the  person  transferred  was  constitutional. — Kent  v.  Town  of  Kentland,  62 
Ind.  291 ;  Eobinson  v.  Schenck,  102  Ind.  307,  315. 

10.  MUST  RECEIVE.     The  person  transferred  must  be  received  by  the  school 
corporation  to  which  the  transfer  is  made.— Edwards  v.  Trustee,  etc.,  143  Ind.  84. 

11.  REQUEST  NECESSARY.     Unless  the  person  to  be  transferred  requests  it,  a 
transfer  can  not  be  made.     Edwards  v.  Trustee,  etc.,  143  Ind.  84. 

13.  APPEAL  ON  REFUSAL  TO  MAKE  TRANSFER.  The  person  desiring  to  be 
transferred  has  the  right  to  appeal  if  his  request  be  denied ;  and  so  has  the  corpo- 
ration to  which  a  transfer  is  made.  The  appeal  must  be  taken  within  thirty  days 
after  the  request  is  made  and  refusal  given ;  or,  in  case  of  the  school  corporation, 
within  thirty  days  after  it  is  notified  of  the  transfer.  On  appeal,  the  decision  of 
the  County  Superintendent  is  final. — Edwards  v.  Trustee,  etc.,  143  Ind.  84. 


SCHOOL    LAW    OF    INDIANA.  157 

143.  Tuition.     2.     If  such  transfer  is  granted,  the  School 
Trustees,  or  Board  of  School  Trustees,  or  Commissioners  of  the 
school  corporation  in  which  such  child  resides,  shall  pay  out  of 
the  special  school  fund  to  the  School  Trustee,  Board  of  School 
Trustees  or  Commissioners  of  the  school  corporation  to  which 
such  child  is  transferred,  as  tuition  for  such  child,  an  amount 
equal  to  the  annual  per  capita  cost  of  education  in  the  corpora- 
tion to  which  said  child  is  transferred  ;  or  such  a  part  of  it  as  the 
term  of  enrollment  of  said  child  in  the  schools  of  the  creditor 
corporation  may  require :     Provided,  That  the  per  capita  cost 
in  high  schools  shall  be  calculated  upon  the  hasis  of  expendi- 
tures for  high  school  purposes,  and  the  per  capita  cost  in  grade 
schools  shall  be  calculated  upon  the  basis  of  expenditures  for 
the  schools  below  the  high  school :     Provided,  That  the  rate  of 
tuition  per  month  shall  not  exceed  two  dollars  in  the  high 
school,  or  one  dollar  and  fifty  cents  in  the  grades.     In  calculat- 
ing the  per  capita  cost,  only  expenditures  for  the  current  year, 
not  including  permanent  improvements  and  additions,  shall  be 
counted. 

144.  Appeal.     3.     If  an  order  of  transfer  be  denied,  the 
parent,  guardian  or  custodian  of  the  child  shall  have  the  right 
to  appeal  the  case  to  the  County  Superintendent  of  schools, 
whose  decision  shall  be  final. 

145.  Payment  of  tuition — Refusal  to  make.     4.     The  in- 
debtedness for  tuition  between  school  corporations  arising  from 
the  provisions  of  this  act  shall  be  due  and  payable  February 
1st  and  July  30th   of  every  year.     If  any  School  Trustee  or 
Board  of  School  Trustees  or  Commissioners  refuse  to  pay  any 
sums  claimed  by  another  corporation  as  due,  the  creditor  cor- 
poration shall  make  written  statement  of  the  case  to  the  County 
Auditor,  who  shall  have  power  to  hear  and  determine  the  mat- 
ter.    If  he  hold  that  a  given  sum  is  due  the  complaining  cor- 
poration, he  shall,  in  the  next  semi-annual  distribution  of  school 
revenues,  withhold  such  sum  from  the  amount  otherwise  due 
the  debtor  corporation  :     Provided,  That  unpaid  tuition  claims 
arising  between  corporations  of  different  counties  shall  be  ad- 
justed   by    the    State    Superintendent   of    Public   Instruction, 
through  the  apportionment  of  school  revenues. 


158  SCHOOL    LAW    OF    INDIANA. 

146.  Rights  not  abridged.     5.    Nothing  in  this  act  shall 
be  construed  to  abridge  the  right  of  Trustees,  Boards  of  Trus- 
tees or  Commissioners  of  two  or  more  corporations  to  enter  into 
written  agreements  to  educate  the  transferred  children  of  their 
respective  corporations  for  a  charge  less  than  that  named  in 
Section  2  of  this  act. 

1.     NOTE.     Section  6  repeals  all  laws  in  conflict  with  the  five  preceding  sec- 
tions. 

[1901,  p.  513.    Approved  and  in  force  March  11, 1901.] 

147.  Transfer  to  school  corporation  of  100,000.   1.  When- 
ever a  child  shall  be  transferred  for  school  purposes  from  one 
school  district  or  corporation  to  another,  the  latter  having  a 
population  of  more  than  100,000,  according  to  the  last  preceding 
United  States  census,  in  case  the  parent,  guardian  or  custodian 
of  such  child  is  at  the  time,  prior  to  August  lat,  in  any  year,  a 
taxpayer  in  the  district  to  which  the  transfer  is  made,  any  tuition 
payable  by  law  on  account  of  such  transfer  by  the  corporation 
making  it,  shall  be  reduced  or  credited  to  the  extent  of  all  cur- 
rent school  taxes  levied  by  the  corporation  to  which  the  transfer 
is  made  and  payable  by  such  parent,  guardian  or  custodian. 

148.  Payment  of  tuition.     2.     If  any  parent,  guardian  or 
custodian  of  a  child  entitled  by  law  to  attend  the  common  schools 
of  one  district  school  or  school  corporation  of  this  State,  desires 
to  have  the  child  transferred  for  school  purposes  to  another  such 
school  district  or  school  corporation  of  this  State,  the  latter 
having  a  population  of  more  than  100,000,  according  to  the  last 
United  States  census,  and  he  fails,  or  is  unable  to  procure  such 
transfer  to  be  made,  as  provided  by  law,  in  such  case  if  the  child 
shall  nevertheless  be  accepted  as  a  scholar  in  the  common  schools 
of  such  district  or  corporation  to  which  the  transfer  was  desired, 
any  tuition  for  the  child  payable  by  the  parent,  guardian  or 
custodian  to  the  school  corporation  where  the  child  shall  be  so 
accommodated  shall  be  reduced  or  credited  to  the  extent  of  all 
current  school  taxes  levied  by  the  school  corporation  so  accom- 
modating the  child,  and  payable  by  such  parent,  guardian  or 
custodian. 


SCHOOL    LAW    OF    INDIANA.  159 

[1895.  p.  127.    Approved  March  5, 1895.    In  -force  June  28, 1895.] 

149.  Enumeration,  where  filed— Retaking.     18.     Each 
Township  Trustee  and  the  President  of  the  Board  of  School 
Trustees  of  towns  and  cities  shall,  on  or  before  the  first  day  of 
May,  annually,  report  to  and  file  with  the  County  Superintend- 
ent of  the  proper  county,  a  copy  of  the  enumeration  for  school 
purposes  of  his  township,  town  or  city,  with  a  list  of  transfers 
to    such  township,  town  or  city,  with  his  affidavit  endorsed 
thereon  to  the  effect  that  the  same  is,  to  the  best  of  his  knowl- 
edge and  belief,  full  and  accurate  and  taken  in  accordance  with 
the  provisions  of  the  law  governing  the  enumerations.     When 
said  County  Superintendent,  however,  on  an  examination  of 
the  enumeration  returns  of  any  township,  town  or  city,  finds  any 
evidence  that  the  enumeration  is  excessive  in  number  or  in  any 
other  way  incorrect,  he  may  require  the  same  to  be  retaken  and 
returned,  and  if  he  deem  it  necessary  he  may,  for  this  purpose, 
appoint  persons  to  perform  the  service,  who  shall  take  the  same 
oath,  perform  the  same  duties,  and  receive  the  same  compensa- 
tion out  of  the  same  funds  as  the  person  or  persons  who  took 
the  enumeration  in  the  first  place,  and  the  school  revenue  shall 
be  distributed  to  such  school  corporation  upon  the  corrected  re- 
turns.    (R.  S.  1897,  §  6177.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 186-5.] 

150.  Township  in,  two  or  more  counties — Report.    19. 

When  a  congressional  township  is  located  in  two  or  more  coun- 
ties, the  proper  Trustees  for  each  portion  thereof  in  the  several 
counties  shall  report,  at  the  same  time  and  in  like  manner  as 
provided  in  the  last  preceding  section,  to  the  County  Superin- 
tendent of  the  county  in  which  the  congressional  township  fund 
of  such  township  is  held  in  trust  and  managed.  (R.  S.  1881, 
§  4476;  R.  S.  1894,  §  5962;  R.  S.  1897,  §  6178.) 

1.  EXPLANATION.  This  section  requires  that  when  a  congressional  township 
is  located  in  two  or  more  counties,  the  proper  Trustees  for  each  portion  thereof 
: shall  make  two  separate  and  distinct  reports  of  enumeration. 


160 


SCHOOL    LAW    OP    INDIANA* 


CHAPTER  X. 


APPORTIONMENT  OF  REVENUE. 


SEC. 

151.  To  be  semi-annually. 

152.  Reports  of  County  Auditors. 

153.  When  and  what  County  Auditor  re- 

ports. 

154.  When  Congressional  township  divided. 

155.  Auditor  failing  to  report. 

156.  Apportionment  among  counties. 


SEC. 

157.  Printed  statement. 

158.  Payment  to  counties. 

159.  Payment  of  excess. 

160.  Unapportioned  balances. 

161.  County  Auditor's  apportionment. 

162.  Interest  on  Sinking  Fund. 

163.  Surplus  Dog  Tax  Fund. 


[1897,  p.  291.    Approved  and  in  force  March  8, 1897.] 

151.  To  be  made  semi-annually.     109.     There  shall  be 
two  apportionments  of  the  school  revenue  for  tuition  made  in 
each  year  by  the  State  Superintendent  of  Public  Instruction- 
one  on  the  fourth  Monday  in  June,  and  the  other  on  the  first 
day  of  January,  unless  the  said  day  of  the  month  should  be 
Sunday,  and,  if  so,  on  the  day  following.    (R.  S.  1897,  §  6179.) 

152.  Reports  of  County  Auditors.     110.     To  enable  the 
Superintendent  to  make  said  apportionments,  and  to  ascertain 
the  amount  of  said  revenue  collected  and  ready  for  that  pur- 
pose, the  Auditors  of  the  several  counties  of  the  State  shall, 
promptly,  after  making  the  settlements  with  the  County  Treas- 
urers of  the  respective  counties  in  May  for  the  amount  collected 
on  tax  list,  and  in  December  for  the  amount  of  delinquent  tax 
collected,  make  report  to  said  Superintendent  of  the  precise 
amount  of  school  revenue  for  tuition  collected  in  their  respec- 
tive counties  and  ready  for  apportionment  and  distribution ; 
which  report  shall  be  verified  by  the  oath  or  affirmation  of  the 
Auditor  indorsed  thereon.     (R.  S.  1897,  §  6180.) 

153.  When  and  what  County  Auditor  reports.    111.  The 

first  of  said  reports  in  each  year  shall  not  be  delayed  later  than 
the  third  Monday  in  June,  and  the  second  not  later  than  the 
twenty-fifth  day  of  December.  Said  report  shall  show — 

First.  The  amount  of  school  tax  collected  since  the  last  re- 
port, whether  upon  the  current  year's  tax  list  or  delinquent  tax. 

Second.  The  amount  of  interest  collected  since  the  last  semi- 
annual report,  and  the  amount,  if  any,  not  previously  reported, 


SCHOOL    LAW    OF    INDIANA.  l6l 

upon  loans  of  common  school  funds,  and  on  any  indebtedness 
which  is  due  or  payable  to  said  funds,  arising  from  the  sale  of 
seminary  property  or  otherwise. 

Third.  The  amount  derived 'from  liquor  licenses  and  un- 
claimed fees  not  previously  reported. 

Fourth.  The  total  amount  of  school  revenue  thus  collected 
and  ready  for  apportionment. 

Fifth.  The  income  derived  from  the  congressional  township 
school  fund,  including  the  interest  on  loans  of  said  fund,  and  on 
deferred  payments  for  school  lands  which  have  been  sold,  and 
the  rents  and  profits  derived  from  the  leasing  or  renting  of  any 
such  lands,  or  otherwise. 

Sixth.  The  amount  of  said  income  from  the  congressional 
township  fund  on  hand  for  distribution  in  parts  of  the  town- 
ships in  the  adjacent  counties,  specifying  the  amount  on  hand 
for  each  of  the  several  counties.  (R.  S.  1897,.  §  6181.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

154.  When  congressional  township  divided.   112.   When 
the  congressional  township  lies  partly  in  one  county  and  partly 
in  another,  the  Auditor  of  the  county  in  which  the  fund  of  such 
township  is  managed  shall  notify  the  Auditor  of  the  county  in 
which  any  portion  is  situated  of  the  amount  due  to  such  por- 
tion.    (R.  S.  1881,  §  4480 ;  R.  S.  1894,  §  5966 ;  R.  S.  1987,  §  6282.) 

155.  Auditor  failing  to  report— Penalty.    113.    On  the 

failure  of  any  County  Auditor  to  make  his  said  semi-annual  re- 
port in  time  for  said  apportionments,  his  county  shall  be  subject 
to  a  diminution  of  one  hundred  dollars  in  the  next  apportion- 
ment of  said  revenue  by  the  Superintendent.  The  sum  thus 
withheld  may  be  collected  from  said  Auditor,  in  a  suit  before  a 
Justice  of  the  Peace,  prosecuted  in  the  name  of  the  State,  by 
any  person  living  in  said  county  who  has  children  enumerated 
for  school  purposes  for  the  current  year,  who  is  aggrieved  by 
said  diminution.  Said  suit  shall  be  commenced  within  two 
years  from  the  time  when  said  report  was  due,  and  not  after- 
Avard  :  Provided,  That  said  Auditor  may  discharge  himself  from 
liability  to  such  suit  by  a  certificate  of  the  postmaster  that  said 
report  was  mailed  in  due  time,  together  with  his  own  affidavit 
of  that  fact.  (R.  S.  1881,  §  4481 ;  R.  S.  1894,  §  5967 ;  R.  S.  1897, 
§  6183.) 

11— SCH.  LAW. 


162  SCHOOL    LAW    OF   INDIANA. 

[1895,  p.  153.    Approved  and  in  force  March  7, 1895.J 

156.  Apportionment  among  counties.  114.  The  State 
Superintendent  of  Public  Instruction  shall,  on  the  days  fixed  by 
section  109  of  this  act  (151)  for  his  apportionment  of  said  reve- 
nue in  each  year,  add  to  the  sum  total  of  said  revenue  in  readi- 
ness in  each  county  for  apportionment  any  amount  in  the  State 
Treasury  ready  for  apportionment,  and  after  said  addition  the 
Superintendent  shall  apportion  the  whole  of  said  sum  to  the 
several  counties  of  the  State,  according  to  the  last  enumeration 
of  children  therein,  with  due  reference  to  the  diminutions  pro- 
vided for  by  sections  41  and  113  of  this  act  (89  and  155).  (R.  S. 
1897,  §  6184.) 

1.  OBJECT  OF  THIS  SECTION.    The  equal  distribution  of  the  State  school  rev- 
enue to  the  several  school  corporations  of  the  State,  according  to  the  number  of 
school  children  therein,  is  a  means,  and  not  an  end ;  but  the  great  purpose  for 
which  this  means  may  be  used  is  that  tuition  shall  be  without  charge  and  equally 
open  to  all  the  children  of  the  State.— State  v.  McClelland,  138  Ind.  395;  Pfau  v. 
State,  148  Ind.  539;  Starr  v.  State,  149  Ind.  592. 

2.  CONSTITUTIONAL.     This  section  is  not  in  conflict  with  the  State  Constitu- 
tion.—State  v.  McClelland,  138  Ind.  395. 

3.  AMOUNT  TO  BE  RETURNED — How  DETERMINED.    To  determine  what  part 
of  the  unexpended  balance  must  be  returned  to  the  County  Treasurer,  the  amount 
received  from  the  State  and  the  amount  received  from  local  sources  must  be  pro- 
rated.—State  v.  McClelland,  138  Ind.  395. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

157^  Printed  statement.  115.  Said  Superintendent  shall 
make  out  and  have  printed  a  statement  showing — 

First.     The  enumeration  of  children  in  each  county. 

Second.  The  amount  of  school  revenue  ready  for  apportion- 
ment in  each  county,  and  the  source  from  which  the  same  is 
derived,  including  said  addition  from  the  State  indebtedness. 

Third.  The  distributive  share  thereof  apportioned  to  each 
county. 

He  shall  file  a  copy  of  said  statement  with  the  Auditor  of 
State  and  Treasurer  of  State,  and  he  shall  forward  a  copy 
thereof,  by  mail,  to  each  of  the  County  Auditors,  County  Super- 
intendents  and  County  Treasurers  of  the  State.  (R.  S.  1881, 
§  4483 ;  R.  S.  1894,  §  5969 ;  R.  S.  1897,  §  6185.) 

158.  Payment  to  counties.  116.  The  Auditor  of  State 
shall,  at  the  time  of  making  the  semi-annual  settlements  with 


SCHOOL   LAW    OF    INDIANA.  163 

the  several  County  Treasurers,  give  them  each  a  warrant  on  the 
State  Treasury  for  the  distributive  share  of  said  revenue  appor- 
tioned to  their  respective  counties,  the  amount  of  which  shall 
be  retained  by  said  treasurers  out  of  the  money  or  revenue  in 
their  hands ;  and  the  balance  ascertained  to  be  due  to  the  State,' 
of  ordinary  State  revenue  or  other  revenue,  together  with  said 
warrant,  shall  be  paid  into  the  State  Treasury.  The  settlement 
between  the  respective  County  Treasurers  and  the  Auditor  of 
State,  and  the  drawing  of  the  warrants  for  the  amounts  appor- 
tioned to  their  respective  counties;  the  ascertainment  of  the 
balance  payable  into  the  State  Treasury,  and  the  payment  of 
said  balance,  and  retention  by  the  County  Treasurers  of  their 
distributive  shares  of  school  revenue,  according  to  said  appor- 
tionment,— shall  be  concurrent  acts,  and  shall  be  done  and 
performed  in  such  a  manner  as  to  effect  a  complete  semi-annual 
disbursement,  from  the  State  Treasury  to  the  several  counties 
of  the  State,  of  all  the  school  revenues  then  apportioned  to 
them,  and  as  soon  as  practicable  after  the  apportionment  is 
made.  (R.  S.  1881,  §4484;  R.  S.  1894,  §  5970 ;  R.  S.  1897,  §  6186.) 

[1885,  S.  p.  208.    Approved  and  in  force  April  13, 1885J 

159.  Payment  of  excess.  1.  The  Auditor  of  State  shall,  at 
the  time  of  making  the  semi-annual  settlements  with  the  sev- 
eral County  Treasurers,  give  them  each  a  warrant  on  the  State 
Treasury  for  the  State  school  revenues  collected  in  their  respec- 
tive counties,  the  amount  of  which  shall  be  retained  by  said 
Treasurers,  and  when  the  Superintendent  of  Public  Instruction 
shall  have  made  his  semi-annual  apportionments  of  school  rev- 
enue for  tuition  to  the  several  counties  of  the  State,  the  Audi- 
tor of  State  shall  draw  his  warrant  upon  the  State  Treasury  to 
the  respective  County  Treasurers  to  which  there  may  be  due  a 
greater  amount  than  the  State  school  revenue  which  has  been 
collected  in  said  counties,  and  for  which  a  warrant  as  hereinbe- 
fore provided  has  been  issued  to  them,  and  said  County  Treas- 
urers to  whom  warrants  have  been  issued  at  the  semi-annual 
settlements  for  more  than  their  distributive  share  of  said  school 
revenue  shall,  upon  notice  being  given  them  thereof  by  the 
Aaiditor  of  State,  forthwith  pay  such  excess  into  the  State 
Treasury.  (R.  S.  1894,  §  5971 ;  R.  S.  1897,  §  6187.) 


164  SCHOOL   LAW   OF   INDIANA. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

160.  Unapportioned  balances.  117.  It  at  any  time,  from 
any  cause  whatever,  an  unapportioned  balance  of  school  rev- 
enue shall  appear  in  the  State  Treasury,  other  than  that  which 
is  nominally  therein  at  the  passage  of  this  act,  the  Superintend- 
ent of  Public  Instruction  shall  add  said  balance  to  the  sum  to 
be  apportioned,  and  apportion  it  at  the  next  succeeding  appor- 
tionment after  such  balance  so  appears.  (R.  S.  1881,  §4485;  R. 
S.  1894,  §  5972;  E.  S.  1897,  §6188.) 

[1897,  p.  291.    Approved  and  in  force  March  8, 1897.] 

161.  County  Auditor's  apportionment.  118.  The  Audi- 
tor of  each  county  shall,  semi-annually,  on  the  second  Monday 
of  July  and  on  the  last  Monday  in  January  make  apportionment 
of  the  school  revenue,  to  which  his  county  is  entitled,  to  the 
several  townships  and  incorporated  towns  and  cities  of  the 
county;  which  apportionment  shall  be  paid  to  the  School 
Treasurer  of  each  township  and  incorporated  town  and  city  by 
the  County  Treasurer.  In  making  the  said  apportionment  and 
distribution  thereof,  the  Auditor  shall  ascertain  the  amount  of 
the  Congressional  township  school  revenue  belonging  to  each 
city,  town  or  township,  and  shall  apportion  the  other  school 
revenue,  so  as  to  equalize  the  amount  of  available  school  revenue 
for  tuition  to  each  city,  town  and  township,  as  near  as  may  be, 
according  to  the  enumeration  of  children  therein,  and  report 
the  amount  apportioned  to  the  Superintendent  of  Public  In- 
struction, verified  by  affidavit :  Provided,  however,  That  in  no 
case  shall  the  income  of  the  Congressional  Township  School 
Fund  belonging  to  any  Congressional  township,  or  part  of  such 
township,  be  diminished  by  such  apportionment,  or  diverted  or 
distributed  to  any  other  township  :  Be  it  also  provided,  That  in 
making  the  said  apportionment  and  distribution  of  the  State 
tuition  revenues  apportioned  to  the  county  by  the  Superin- 
tendent of  Public  Instruction,  in  case  any  school  corporation 
shall  not  have  expended  for  tuition  purposes  in  any  school  year 
an  amount  as  great  as  the  amount  of  State  tuition  revenue  ap- 
portioned and  distributed  to  said  corporation  by  the  Auditor 
for  said  school  year,  then  it  shall  be  the  duty  of  the  Auditor,  at 
the  first  apportionment,  after  the  annual  report  of  the  receipts 


SCHOOL   LAW    OF    INDIANA.  1(35 

and  expenditures  of  said  school  corporation  shall  have  been 
filed  with  the  County  Commissioners,  to  deduct  from  the  whole 
amount  of  State  tuition  revenue  apportioned  to  said  school  cor- 
poration an  amount  equal  to  the  difference  between  the  amount 
or  State  tuition  revenue  apportioned  and  distributed  to  said 
school  corporation  for  use  in  such  school  year,  and  the  whole 
amount  shown  by  such  annual  report  to  have  been  actually  ex- 
pended for  tuition  purposes,  and  there  shall  be  paid  to  the 
Treasurer  of  said  school  corporation  the  sum  remaining  after 
such  amount  shall  have  been  deducted,  and  the  County  Auditor 
shall  include  all. such  deductions  in  his  report  to  the  State 
Superintendent  of  Public  Instruction  as  tuition  revenue  col- 
lected in  his  county  and  ready  for  distribution  at  the  next  ap- 
portionment :  Provided,  That  funds  arising  from  the  local 
tuition  tax  shall  not  be  considered  in  making  the  deductions 
provided  for  in  this  section,  nor  included  in  the  said  report  to 
the  State  Superintendent  of  Public  Instruction.  Any  neglect 
or  failure  of  any  Auditor  to  comply  with  the  provisions  of  this 
section  of  this  act  shall  be  and  constitute  a  misdemeanor,  and 
upon  conviction  of  any  such  Auditor  of  the  violation  thereof, 
he  shall  be  fined  in  any  sum  not  less  than  the  amount  of  such 
unexpended  balance  nor  more  than  double  the  amount  thereof. 
(R.  S.  1897,  §6189.) 

1.  METHOD  CONSTITUTIONAL.     This  method  of  apportionment  is  according  to 
the  command  of  the  Constitution,  and,  perhaps,  it  requires  the  same  principle  to  be 
applied  to  the  distribution  among  the  counties.— Quick  v.  Whitewater  Tp.,  7  Ind. 
570;  Quick  v.  Springfield  Tp.,  7  Ind.  636. 

2.  TEACHER'S  KEMEDY.     When  a  teacher  obtains  judgment  against  a  school 
corporation,  for  services  as  such,  and  a  return  of  execution  thereon  nulla  bona,  he 
may,  by  proper  suit,  obtain  application  of  any  school  revenue  in  the  county 
treasury  belonging  to  such  corporation  to  the  payment  of  the  judgment. — Trustees 
of  the  Town  of  Milford  v.  Simpson,  11  Ind.  520. 

3.  TRUSTEE'S  LIABILITY.     If  the  Township  Trustee  receives  funds,  under  this 
section,   which   belong  to   a  school   town   within   the  township,  he   may,    after 
demand,  be  compelled,  by  mandate,  to  pay  the  amount  to  the  town. — Johnson  v. 
Smith,  64  Ind.  275. 

4.  EULE  FOR  MAKING  APPORTIONMENT.     Auditors  will  find  no  trouble  in 
adjusting  the  apportionment  without  the  labor  of  giving  in  detail  the  specific 
amount  of  each  township's  share  of  the  two  funds,  if  they  will  ascertain  what  the 
whole  amount  of  the  school  revenues  for  the  county,  both  common  and  congres- 
sional, will  give  each  scholar  on  a  per  capita  division,  and  then  ascertain  whether 
any  township's  congressional  revenue  will  yield  a  larger  dividend  to  its  children. 
If  any  township  thus  has  a  larger  per  capita  than  that  of  the  whole  county  from 


166  SCHOOL    LAW    OF    INDIANA. 

the  combined  revenues,  exclude  the  children  and  congressional  revenue  of  that 
township  from  the  calculation,  and  distribute  to  the  other  corporations  on  the 
consolidation  basis.     An  example  may  be  presented,  as  follows: 
Congressional  Tp.  A — 300  Children,  $375  Congressional  Revenue,  $1.25  Per  Capita. 
«    B— 200         "  150  "  "  75    " 

«  «    C —  84         "  42  "  "  50    "         "- 

«    D— 400         "  100  "  25    " 

"  «    E — 250         "  " 

The  last  four  townships  have  934  children,  and  $292  congressional  revenue. 
The  common  school  revenue  of  the  county  amounts  to  $875.50,  which,  added  to 
the  $292,  will  make  $1,167.50.  This  will  give  the  last  four  townships  $1.25  per 
scholar,  the  same  that  A  receives  from  her  congressional  revenue  alone,  in  which 
case  the  same  result  is  obtained  with  or  without  including  A's  children  and 
revenue.  But  if  the  common  school  revenue  were  only  $828.80,  the  last  four 
townships  would  get  only  $1,120.80,  or  $1.20  per  scholar.  In  this  case  A  must 
receive  the  whole  of  her  own  revenue,  which  must  not  be  diminished  by  any  process 
of  distribution;  and  the  remaining  revenues  must  be  distributed  among  the  other 
corporations. 

5.  TOWN  INCORPORATED  WITHIN  TOWNSHIP — CUSTODY  OF  SCHOOL  FUNDS. 
A  distinct  portion  of  a  certain  township  of  this  State  having  become  an  incorpo- 
rated town,  and  elected  school  trustees,  under  the  laws  of  the  State,  the  Trustee  of 
such  township,  after  the  election,  but  before  such  School  Trustees  had  qualified, 
demanded  and  received  of  the  County  Treasurer  the  school  funds  of  the  whole 
township,  whereupon  such  School  Trustees,  after  qualifying,  demanded  of  him 
the  payment  to  their  treasurer  of  the  proportion  of  such  school  funds  belonging 
such  town,  which  he  refused;  whereupon  they  filed  an  affidavit,  reciting  the  fore- 
going facts,  to  compel  him,  by  mandate,  to  pay  over  such  moneys.    It  was  decided 
that  they  were  entitled  to  recover. — Johnson  v.  Smith,  64  Ind.  275. 

6.  STATUTE  VALID.     The  above  section  is  constitutional. — State  v.  Mathews, 
150  Ind.  597. 

7.  A  township  is  not  entitled  to  any  of  the  school  fund  collected  from  the  tax 
assessed  under  the  general  law  so  long  as  the  interest  on  the  congressional  fund  of 
such  township  alone  amounts  to  more  per  capita  than  was  left  in  the  hands  of  the 
County  Auditor  to  apportion  to  other  townships. — State  v.  Mathews,  150  Ind.  597. 

[1865,  S.  p.  139.    Approved  and  in  force  March  21, 1865.] 

162.  Interest  on  sinking  fund.     1.     All  interest  accrued 
or  accruing  on  the  sinking  fund,  or  any  other  fund,  held  by 
this  State  for  the  benefit  of  the  common  schools  of  this  State, 
on  and  after  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  sixty  five,  is  hereby  set  apart  for  distribution  as  other 
revenues  are  distributed,  for  the  support  of  the  common  schools 
of  this  State.     (R.  S.  1881,  §  4487;  R.  S.  1894,  §  5974;  R,  S. 
1897,  §  6190.) 

[1897,  p.  178.    Approved  March  6, 1897;  in  force  April  14, 1897.] 

163.  Surplus  dog  tax  fund.    13.    The  Trustee  shall  register 
ail  losses  in  the  order  in  which  they  are  reported :     Provided, 


SCHOOL    LAW    OF    INDIANA.  167 

That  no  person  shall  receive  pay  for  sheep,  horses,  cattle,  swine 
or  other  live  stock  or  fowls  killed  or  maimed  by  any  dog  or 
«l<>U's  owned  or  harbored  by  himself:  Provided,  further,  That 
the  Dog  Fund  heretofore  collected  shall  be  added  to  and  ap- 
plied with  the  fund  arising  under  the  provisions  of  this  act. 
And  when  it  shall  so  occur  on  the  first  Monday  of  March  of 
any  year  in  any  township  in  the  State  of  Indiana  that  said  fund 
shall  accumulate  to  an  amount  exceeding  one  hundred  dollars 
over  and  above  orders  drawn  on  the  same,  the  surplus  afore- 
said shall  be  paid  and  transferred  to  the  County  Treasurer  of 
the  county  in  which  such  township  is  located  and  the  fund 
arising  from  such  surplus  from  the  township  of  the  county  shall 
constitute  a  County  Dog  Fund  and  shall  be  distributed  among 
ili.'  townships  of  the  county  in  which  the  orders  drawn  against 
tli-  Dog  Fund  exceed  the  money  on  hand.  This  distribution 
shall  be  made  on  the  second  Monday  in  March  of  each  year, 
and  if  said  County  Dog  Fund  be  insufficient  to  pay  for  all  the 
live  stock  or  fowls  maimed  or  killed  by  dogs  of  all  the  town- 
ships the  distribution  shall  be  made  in  the  ratio  of  the  orders 
drawn  against  the  Dog  Fund  of  the  townships  and  unpaid  and 
unprovided  for,  which  ratio  shall  be  obtained  from  the  report 
of  the  Trustees  of  the  townships  made  to  the  Auditor  of  the 
county  which  is  hereby  directed  shall  be  made  by  each  Town- 
ship Trustee  of  the  county  upon  the  first  Monday  of  March  of 
each  year,  which  report  shall  show  all  receipts  into  the  Dog 
Fund  of  his  township,  and  all  orders  drawn  against  the  same 
in  the  order  in  which  they  were  drawn.  And  when  it  shall 
occur  again  upon  the  second  Monday  in  March  of  any  year 
that  there  is  a  surplus  left  of  the  County  Dog  Fund  after  pro- 
visions have  been  made  for  the  payment  for  all  the  live  stock 
or  fowls  killed  or  maimed,  of  all  the  townships  of  the  county, 
such  surplus  shall  be  distributed  for  the  schools  of  the  county 
in  the  same  manner  the  common  school  revenue  of  such  county 
is  distributed.  (R.  S.  1897,  §  2910.) 

1.  TOWNS  AND  CITIKS.     A  town  or  city  within  a  township  is  entitled  to  its 
proportionate  share  of   the  surplus  Dog  Fund. — Taggart  r.  State,   142  Ind.  668 
(overruling  School  City  of  South  Bend  v.  Jaquith,  90  Ind.  495);  Maloy  v.  Madget, 
47  Ind.  241. 

2.  flow  APPORTIONED.     The  County  Auditor  makes  the  apportionment  ac- 
cording to  the  provisions  of  section  161. 


168 


SCHOOL   LAW    OP   INDIANA. 


CHAPTER  XI. 


SCHOOLS  IN  CITIES  AND  TOWNS. 


SEC. 

164.  Bonds  for  school  buildings. 

165.  Use  of  proceeds. 

166.  Special  tax. 


SKC. 

167.  Condition  for  building. 

168.  Surplus  special  school  revenue. 


[1873,  p.  80.    Approved  March  11, 1873,  and  in  force  July  7, 1873.] 

164.  Bonds  for  school  buildings.  1.  Any  city  or  incor- 
porated town  in  this  State  which  shall,  by  the  action  of  its 
School  Trustees  have  purchased  any  ground  and  building  or 
buildings;  or  may  hereafter  purchase  any  ground  and  build- 
ing or  buildings ;  or  has  commenced,  or  may  hereafter  com- 
mence, the  erection  of  any  building  or  buildings  for  school  pur- 
poses ;  or  which  shall  have,  by  its  School  Trustees,  contracted 
any  debts  for  the  erection  of  such  building  or  buildings,  or  the 
purchase  o'f  such  ground  and  building  or  buildings;  or  such 
Trustee  shall  not  have  the  necessary  means  with  which  to  com- 
plete such  building  or  buildings,  or  to  pay  for  the  purchase  of 
such  ground  and  building  or  buildings,  or  pay  such  debt,  may, 
on  the  filing  by  the  School  Trustees  of  said  city  or  town  of  a 
report,  under  oath,  with  the  Common  Council  of  such  city,  or 
the  Board  of  Trustees  of  such  town,  showing  the  estimated  or 
actual  cost  of  any  such  ground  and  building  or  buildings,  or 
the  amount  required  to  complete  such  building  or  buildings,  or 
purchase  such  ground  and  building  or  buildings,  or  the  amount 
of  such  debt,  on  the  passage  of  an  ordinance  authorizing  the 
same  by  the  Common  Council  of  said  city  or  the  Board  of 
Trustees  of  such  town,  issue  the  bonds  of  such  city  or  town  to 
an  amount  not  exceeding  in  the  aggregate  fifty  thousand  dol- 
lars, in  denominations  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars  and  payable  at  any  place  that  may  be  des- 
ignated in  the  bonds  (the  principal  in  not  less  than  one  year  nor 
more  than  twenty  years  after  the  date  of  such  bonds,  and  the 
interest  annually  or  semi-annually,  as  may  be  therein  provided) 
to  provide  the  means  with  which  to  complete  such  building  or 
buildings,  and  to  pay  for  the  purchase  of  such  ground  and 


SCHOOL    LAW    OF    INDIANA.  169 

building  or  buildings,  and  to  pay  such  debt.  Such  Common 
Council  or  Board  of  Trustees  may,  from  time  to  time,  negotiate 
and  sell  as  many  of  such  bonds  as  may  be  necessary  for  such 
purpose,  in  any  place  and  for  the  best  price  that  can  be  obtained 
therefor  in  cash  :  Provided,  That  such  bonds  shall  not  be  sold 
at  a  price  less  than  ninety-four  cents  on  the  dollar.  (R.  S.  1881, 
§  4488;  R.  S.  1894,  §  5975;  R.  S.  1897,  §  6191.) 

1.  CONTRACT  FOR  GROUND.     Under  this  section  the  bonds  may  be  issued  al- 
though the  Trustee  has  only  contracted  for  the  grounds  or  buildings. — Williams 
r.  Town  of  Albion,  58  Ind.  329. 

2.  VALID.     The  above  section  is  constitutional. — Clark  v.  Town  of  Nobles- 
ville,  44  Ind.  83;  Gardner  r.  Haney,  86  Ind.  17. 

3.  LOCATION   OF   SCHOOL    PROPERTY.     As  a  rule,   the  school  grounds  and 
houses  should  be  located  within  the  school  corporation  that  owns  them;  but  the 
bonds  of  such  corporation,  negotiated  and  sold  to  procure  means  for  the  erection 
and  completion  of  such  school  houses,  are  not  void  merely  because  they  are  located 
without  the  limits  of  the  corporation. — Gardner  v.  Haney,  86  Ind.  17. 

4.  TITLE  TO  SCHOOL  PROPERTY — CONTROL  OF.    As  to  the  title  and  control  of 
school  property  three  cases  arise  under  the  law  prim'  to  the  act  of  1893: 

(1)  When  the  school  house  is  within  the  limits  of  the  township  the  title  is  in 
the  school  township,  and  the  Township  Trustee  controls  and  may  sell. 

(2)  When  the  school  house  is  situated  within  territory  which  is  afterward 
incorporated  into  a  town,  then  the  title  vests  in  the  town,  and  the  property  is  con- 
trolled by  the  School  Trustees  of  the  town. — Carson  v.  State,  27  Ind.  465;  School 
Town  of  Leesburgh  v.  Plain  School  Tp.,  86  Ind.  582;  School  Tp.  of  Allen  v.  School 
Town  of  Macy,  109  Ind.  559. 

(3)  When  the  school  house  is  located  on  territory  which  is  taken  into  a  city 
by  addition,  then  the  Township  Trustee  controls  and  sells,  and  credits  the  special 
school  fund  with  the  amount  of  the  sale. — Heizer  v.  Yohn,  37  Ind.  415;  Reckert 
v.  City  of  Peru,  60  Ind.  473.     See  now,  however,  on  this  subject  $  253. 

5.  PETITION  NOT  NECESSARY.     A  petition  of  the  taxpayers  to  the  Board  of 
Trustees  or  the  Common  Council  is  not  necessary  to  enable  the  Board  to  levy  a 
tax  to  complete  school  buildings. — Clark  v.  Town  of  Noblesville,  44  Ind.  83. 

6.  CAN  NOT  BE  ENJOINED.     When  the  School  Trustees  have  complied  with 
the  law  (section  167)  by  filing  with  the  Town  Board  or  Common  Council  a  verified 
report,  showing  that,  as  such  School  Trustees,  they  have  contracted  for  the  pur- 
chase of  real  estate  on  which  to  erect  school  buildings,  and  showing  the  amount 
of  the  debt  incurred  for  such  realty,  and  the  estimated  cost  of  such  buildings,  and 
asking  the  issuance  of  bonds,  such  Board  or  Common  Council  may,  by  ordinance, 
authorize  the  issue  and  sale  of  bonds  of  such  city,  equal  in  amount  to  the  cost  of 
such  real  estate  and  the  estimated  cost  of  such  buildings,  and  such  Board  or  Com- 
mon Council  can  not  be  enjoined  from  so  doing. — Williams  v.  Town  of  Albion,  58 
Ind.  329. 

7.  COUNTY  SEMINARY.     The  school  city  alone  can  bind  itself  on  an  obliga- 
tion given  for  the  purchase  of  a  school  building.— State  v.  Terre  Haute,  87  Ind.  212, 


170  SCHOOL    LAW    OF    INDIANA. 

8.  BONDS  FOR  BOONVILLE.     An  act  of  1901,  p.  573,  concerning  the  issuance  of 
bonds  in  towns  of  a  population,  according  to  the  census  of  1900,  not  less  than  2,840 
nor  more  than  2,850,  applies  only  to  Boonville.     It  is,  because  of  its  special  char- 
acter, not  inserted  in  this  work.     Acts  1901,  p.  573. 

9.  SALEM.     A  similar  law  relates  only  to  Salem.     Acts  1901,  p.  346. 

10.  PORTLAND.     A  similar  law  relates  only  to  Portland.     Acts  1901,  p.  578. 

11.  SULLIVAN.     A  similar  law  relates  only  to  Sullivan.     Acts  1901,  p.  575. 

165.  Use  of  proceeds.     2.     The  proceeds  of  the  sales  of 
such  bonds  shall  be  paid  to  the  said  School  Trustees,  to  enable 
them  to  erect  or  complete  such  building  or  buildings  and  pay 
such  debt.     But  before  payment  to  them,  such  School  Trustees 
shall  file  with  the  County  Auditor  a  bond,  payable  to  the  State 
of  Indiana,  in  a  sum  not  less  than  the  full  amount  of  the  said 
money  so  to  be  paid  to  them,  and  with  security  to  be  approved 
by  said  Auditor,  conditioned  for  the  faithful  and  honest  appli- 
cation of  such  money  to  the  purpose  for  which  the  same  was 
provided;  and  such  Trustees,  and  their  surety  or  sureties,  shall 
be  liable  to  suit  on  such  bond  for  any  waste,  misapplication,  or 
loss  of  such  money  in  the  same  manner  as  now  provided  for 
waste  or  loss  of  school  revenue.     (R,  S.  1889,  §  4489  ;  E.  S.  1894, 
§5976;  R.S.  1897,  §6192.) 

[1875,  p.  29.    Approved  and  in  force  March  11, 1875.] 

166.  Special  tax.     3.     In  addition   to  levying  the  tax  by 
cities  or  incorporated  towns  for  general  purposes,  now  author- 
ized by  law,  the  Common  Council  of  any  such  cities,  and  Boards 
of  Trustees  of  any  such  incorporated  towns  as  shall  avail  them- 
selves of  the  provisions  of  this  act,  are  hereby  authorized  and 
required  to  levy,  annually,  a  special  additional  tax,  at  the  same 
time  and  in  the  same  manner  as  other  taxes  of  such  city  or 
town  are  levied,  sufficient  to  pay  the  interest  and  principal  of 
said  bonds  falling  due;  which  additional  special  tax   shall  be 
assessed  and  collected  as  the  taxes  for  State  and  county  revenue 
are  assessed  and  collected.     The  Treasurer  of  said  city  or  town 
shall  keep  accurate  account  of  the  revenue  arising  from  said 
special  tax,  and  shall  in  his  reports,  when  required  by  the  city 
or  town   authorities,  show  the   amount  thereof  received,  the 
amount  disbursed,  and  the  amount  thereof,  if  any,  remaining 
delinquent.     He  shall  pay  out  the  same  only  by  the  authority 
of  the  Common  Council  of  said  city  or  Board  of  Tustees  of 


SCHOOL    LAW    OF    INDIANA.  171 

such  town ;  and  shall  permit  the  same  to  be  applied  to  no  other 
purpose  than  the  payment  of  the  principal  and  interest  of  such 
lx>n<ls;  and  official  honds  of  City  and  Town  Treasurers  shall  be 
construed  to  cover  and  include  revenue  arising  from  this  source. 
Persons  residing  outside  of  any  such  city  or  town,  and  electing  to 
be  transferred  to  such  town  or  city  for  educational  purposes,  or 
who  shall  send  their  children  to  the  school  taught  in  any  such 
building,  shall,  with  their  property,  be  liable  to  such  tax,  as  if 
they  resided  in  such  city  or  town,  on  all  property  owned  by  said 
person  in  the  township  where  such  city  or  town  is  located: 
Provided,  always.  That  nothing  in  this  act  shall  be  construed  to 
prevent  the  School  Trustees  of  such  town  or  city  from  admit- 
ting pupils  into  such  schools  from  outside  such  city  or  town,  in 
their  discretion,  upon  the  payment  of  tuition  therefor,  and  with- 
out subjecting  the  property  of  their  parents  to  such  taxation, 
when  such  schools  are  not  crowded  and  their  admission  shall, 
in  no  way,  interfere  with  the  progress  of  the  children  within 
such  city  or  town :  Pro  ruled  further,  That  the  additional  special 
tax,  hereby  authorized,  shall  not,  in  any  one  year,  exceed  fifty 
cents  on  any  one  hundred  dollars  of  taxable  property  and  one 
dollar  on  each  poll.  (R,  S.  1881,  §4490;  R.  S.  1894,  §5977;  R. 
S.  1897,  §  6193.) 

1.  SECTION  CONSTITUTIONAL.  The  provision  subjecting  to  this  tax  persons 
residing  outside  the  town  or  city,  who,  though  not  transferred,  send  to  the  school 
in  the  building  for  which  the  bonds  were  issued,  is  not  unconstitutional. — Kent 
r.  Kentland,  (rJ  Lnd.  291. 

L*.  LEVY  OBLIGATORY.  It  is  the  duty  of  Trustees  to  levy  annually  a  special 
additional  tax  sufficient  to  pay  the  interest  and  principal  of  bonds  issued  for 
school  buildings  and  falling  due;  and  where  it  appears  that  they  have  failed,  neg- 
lected and  refused  to  discharge  their  statutory  duty,  a  writ  of  mandate  is  the 
proper  legal  remedy.  Gardner  v.  Haney,  86  Ind.  17. 

[1879,  S.  p.  76.    Approved  and  in  force  March  20, 1879.] 

167.  Condition  before  building.  1.  Before  the  School 
Trustees  of  any  incorporated  town  or  city  in  this  State  shall 
purchase  any  ground  for  school  purposes,  or  enter  into  any  con- 
tract for  the  building  of  any  school  building  or  buildings,  they 
shall  file  a  statement  with  the  Trustees  of  such  incorporated 
town,  or  Common  .Council  of  such  city,  showing  the  necessity 
for  such  purchase  of  ground,  or  the  erection  of  such  building 
or  buildings,  together  with  an  estimate  of  the  cost  of  such 


172  SCHOOL    LAW    OF   INDIANA. 

ground  or  building  or  buildings,  and  the  amount  of  means 
necessary  to  be  provided  to  pay  for  such  ground  or  building  or 
buildings.  And  they  shall  not  purchase  any  ground,  or  enter 
into  any  contract  for  the  building  of  any  school  building  or 
buildings,  until  such  action  be  approved  by  the  Trustees  of  such 
incorporated  town,  or  by  the  Common  Council  of  such  city : 
Provided,  however,  That  there  shall  be  nothing  in  this  act  so 
construed  as  to  affect  any  purchase  of  grounds,  or  contract  made 
for  the  erection  of  any  building  or  buildings  for  school  pur- 
poses, prior  to  the  taking  effect  of  this  act.  (E.  S.  1881,  §  4491 ; 
E.  S.  1894,  §  5978;  E.  S.  1897,  §  6195.) 

[1879,  S.  p.  95.    Approved  March  31, 1879,  and  in  force  May  31, 1879.] 

168.  Surplus  special  school  revenue.  1.  It  shall  be  the 
duty  of  the  Board  of  School  Trustees  of  any  city  or  incorpor- 
ated town  in  this  State  to  pay  over  to  the  Common  Council  or 
Board  of  School  Trustees  of  such  city  or  town  any  surplus 
special  school  revenue  in  the  hands  of  such  School  Trustees, 
not  necessary  to  meet  current  expenses;  such  excess  of  the 
revenue  aforesaid  to  be  applied  for  the  payment  of  the  interest 
or  principal,  or  both,  of  any  indebtedness  incurred  under  the 
provisions  of  the  act  of  March  8,  1873,  authorizing  cities  and 
incorporated  towns  to  negotiate  and  sell  bonds  to  procure  means 
to  erect  and  complete  unfinished  school  buildings,  and  to  pur- 
chase any  ground  and  building  for  school  purposes,  and  to  pay 
debts  contracted  for  the  erection  and  purchase  of  buildings  and 
grounds.  (E.  S.  1881,  §  4492;  E.  S.  1894,  §  5979;  E.  S.  1897, 
§  6195.) 


SCHOOL    LAW    OF    INDIANA.  173 


CHAPTER   XII. 

SCHOOL  SYSTEM  IN   LARGE  CITIES. 

(See  section  179  and  following.) 


SEC. 

169.    School  system. 

170     School  districts. 

171.  Organization— Term— Vacancies. 

172.  Duties  and  powers. 

173.  Tax  collectors  and  payments. 


SEC. 

174.  Sessions— Record— No  pay. 

175.  General  School  Law  in  force. 

176.  Temporary  loans. 

177.  Bonds  to  pay  debts. 

178.  Bonds  in  cities. 


[1871,  p.  20.    Approved  and  in  force  March  3, 1871.] 

169.  School  system.     1.     In  all  cities  of  this  State  of  thirty 
thousand  or  more  inhabitants,  according  to  the  United  States 
census  for  the  year  eighteen  hundred  and  seventy,  there  shall 
be  elected,  by  the  qualified  electors  of  each  school  district  of 
such  city,  one  School  Commissioner,  to  serve  as  a  member  of  the 
Board  of  School  Commissioners  of  such  city.     The  first  regular 
election  for  School  Commissioners,  under  this  act,  shall  be  held 
on  the  second  Saturday  in  June,  in  the  year  eighteen  hundred 
and  seventy-one,  at  the  places  to  be  fixed  on  for  holding  such 
election  in  the  school  districts  of  such  city  by  the  Common 
Council.     All  elections  for  School  Commissioners  shall  be  held 
in  the  same  manner  as  elections  are  now  held,  and  shall  be  gov- 
erned by  the  same  laws  that  now  govern  general  and  municipal 
elections.     The  persons  declared  elected  shall  have  issued  to 
them,  by  the  City  Clerk,  certificates  of  election  ;  and  they  shall, 
within  ten  days  thereafter,  take  an  oath  of  office,  and  file  the 
same  with  the  City  Clerk.     All  regular  elections  for  School 
Commissioners  shall,  thereafter,  be  held  annually,  on  the  second 
Saturday  in  June.     (R.  S.  1881,  §  4457 ;  R.  S.  1894,  §  5936 ;  R.  S. 
1897,  §6157.) 

1 .  REPEALED.     The  above  section  and  the  next  six  are  probably  repealed  by 
the  act  of  1899,  beginning  with  section  179,  page  180. 

2.  LEGALITY.     In  view  of  the  decision  rendered  in  the  case  of  Campbell  v. 
City  of  Indianapolis,  155  Ind.  186,  same  case,  57  N.  E.  Rep.  920,  it  may  be  well 
doubted  if   this  act  of   March  3,   1871,   is  constitutional;   but  all  bonds  issued 
according  to  the  provisions  of  this  act  were  rendered  valid  by  the  act  of  1899 
(Acts  1899,  p.  434),  which  follows  in  Chapter  XIII. 

170.  School  districts.     2.     It  is  hereby  made  the  duty  of 
the  Common  Council  of  any  such  city,  on  or  before  the  first 
Monday  in  May,  1871,  by  ordinance,  to  district  the  city  into  as 
many  school    districts  as  there  are  wards,  and  to   define  the 


174  SCHOOL    LAW    OF    INDIANA. 

boundaries  of  each  district,  and  such  boundaries  may  be  the 
present  ward  boundaries,  or  otherwise,  as  the  Common  Council 
may  determine.  Such  school  districts  shall,  however,  be  sub- 
ject to  change  by  the  Board  of  School  Commissioners  at  any 
time  after  its  organization ;  and  in  case  the  number  of  districts 
is  increased,  each  additional  district  shall  be  entitled  to  elect  one 
School  Commissioner  for  such  district  at  the  annual  election  for 
School  Commissioners.  The  Common  Council  shall,  at  the 
time  such  ordinance  is  adopted  creating  such  districts,  order  an 
election  to  be  held  in  each  of  such  districts  for  School  Commis- 
sioners thereof,  on  the  second  Saturday  in  June  following;  and 
shall  direct  the  City  Clerk  to  give  ten  days'  notice  thereof  in 
some  daily  newspaper  of  such  city.  (R.  S.  1881,  §  4458 ;  R.  S. 
1894,  §  5937 ;  R.  S.  1897,  §  6158.)  . 

171.  Organization — Term — Vacancies.  3.  On  the  first 
Monday  in  July  following  the  first  election  of  School  Commis- 
sioners herein  provided  for,  such  School  Commissioners  shall 
assemble  at  the  oifice  of  the  Board  of  School  Trustees  of  such 
city,  and  proceed  to  organize  the  Board  of  School  Commission- 
ers of  such  city,  by  electing  one  of  their  number  as  a  president, 
one  of  their  number  as  a  treasurer,  and  one  of  their  number  as 
a  secretary ;  each  of  which  oificers  shall  serve  for  one  year  and 
until  his  successor  is  elected  and  qualified.  The  members  of 
such  Board  of  School  Commissioners  shall  then  determine,  by 
lot,  which  three  of  their  number  shall  hold  oifice  for  three 
years,  and  which  three  shall  hold  office  for  two  years ;  and,  after 
having  so  determined,  the  president  of  the  Board  shall  issue  to 
the  persons  so  determined  certificates  entitling  them  to  hold 
oifice  for  the  terms  respectively  allotted;  and  the  remaining 
members  shall  receive,  from  the  president  of  the  Board,  certifi- 
cates showing  that  each  is  entitled  to  hold  oifice  for  one  year ; 
and  all  persons  elected  as  School  Commissioners  at  the  annual 
elections  thereafter  shall  be  entitled  to  hold  oifice  for  three  years 
each.  All  vacancies  occurring  at  any  time  prior  to  the  annual 
election  shall  be  filled  by  a  ballot  vote  of  a  majority  of  the 
members  of  such  Board ;  and  the  persons  so  elected  to  fill  such 
vacancies  shall  serve  until  the  next  annual  election  for  School 
Commissioners.  All  persons  elected  at  any  regular  annual  elec- 
tion, or  by  the  Board  to  fill  any  vacancy,  shall  serve  until  their 


SCHOOL    LAW    OF    INDIANA.  175 

successors  are  elected  and  qualified.  It  is  hereby  made  the  duty 
of  the  Board  of  School  Trustees  in  office  tit  the  time  of  the 
organization  of  the  Board  of  School  Commissioners,  to  at  once 
turn  over  to  the  Board  of  School  Commissioners  all  books  and 
papers  pertaining  to  their  trust,  and  to  place  in  possession  of 
the  Board  of  School  Commissioners  all  moneys,  title  papers, 
and  property  belonging  to  the  School  Trustees  of  Common 
Schools  of  such  city ;  and  such  Board  of  School  Trustees  shall 
thereafter  cease  to  perform  any  and  all  duties  whatever  con- 
nected with  the  schools  of  such  city.  (R.  S.  1881,  §  4459 ;  R.  S. 
1894,  §  5938;  R.  S.  1897,  §  6159.) 

172.  Duties  and  powers.  4.  Such  Board  of  School  Com- 
missioners is  hereby  authorized — 

First.  To  district  the  city  for  the  purpose  of  electing  School 
Commissioners  therein,  and  also  to  subdivide  the  city  for  gen- 
eral school  purposes. 

Second.  To  levy  all  taxes  for  the  support  of  the  schools 
within  such  city,  including  such  taxes  as  may  be  required  for 
paying  teachers,  in  addition  to  the  taxes  now  authorized  to  be 
levied  by  the  General  Assembly  of  this  State  by  the  general 
laws  thereof:  Provided,  No  such  tax  levy,  in  any  one  year, 
shall  exceed  the  sum  of  twenty-five  cents  on  each  one  hundred 
dollars  of  the  taxable  property,  as  assessed  for  city  taxes  by  the 
City  Assessor,  for  purchasing  grounds,  building  school  houses, 
and  furnishing  supplies  for  such  buildings ;  or  twenty-five  cents 
on  each  one  hundred  dollars  of  such  taxable  property,  for  the 
purpose  of  paying  teachers. 

Third.  To  levy  a  tax,  each  year,  of  not  exceeding  one-fifth 
of  one  mill  on  each  dollar  of  taxable  property  assessed  for  city 
taxes  by  the  City  Assessor,  for  the  support  of  free  libraries  in 
connection  with  the  common  schools  of  such  city ;  and  to  dis- 
burse any  and  all  revenue  raised  by  such  tax  levy  in  the  pur- 
chase of  books,  and  in  the  fitting  up  of  suitable  rooms  for  such 
libraries,  and  for  salaries  to  librarians ;  also  to  make  and  enforce 
such  regulations  as  they  may  deem  necessary  for  the  taking  out 
from  and  returning  to,  and  for  the  proper  care  of,  all  books 
belonging  to  such  libraries,  and  to  prescribe  penalties  for  the 
violation  of  such  regulations. 


176  SCHOOL   LAW    OF    INDIANA. 

Fourth.  To  examine,  either  by  a  committee  of  such  Board  of 
School  Commissioners  or  by  an  officer  of  such  Board,  selected 
for  that  purpose,  all  teachers  applying  for  positions  in  the 
schools  of  the  city ;  and  to  license  such  as  may  be  qualified- 
such  license  to  be  limited  to  the  city  in  which  the  same  is 
granted. 

Fifth.  To  purchase  grounds,  construct  school  buildings,  pur- 
chase supplies,  employ  and  pay  teachers,  appoint  Superintend- 
ents, and  disburse,  through  the  treasurer  of  the  Board  of  School 
Commissioners,  moneys  for  all  school  and  library  expenses. 

Sixth.  To  require  the  treasurer  of  the  Board  of  School  Com- 
missioners to  give  bond  in  such  sum,  and  with  such  surety,  as 
the  Board  may  determine,  for  the  faithful  discharge  of  his 
duties,  and  for  the  safe-keeping  and  faithful  accounting  for  all 
moneys  that  may  come  into  his  hands  as  such  treasurer. 

Seventh.  To  establish  and  enforce  regulations  for  the  grading 
of  and  course  of  instruction  in  the  schools  of  the  city,  and  for 
the  government  and  discipline  of  such  schools. 

Eighth.  To  prepare,  issue  and  sell  bonds  to  secure  loans,  not 
exceeding  in  .the  aggregate  the  sum  of  one  hundred  thousand 
dollars,  in  anticipation  of  the  revenue,  for  building  school 
houses,  to  bear  such  rate  of  interest,  not  exceeding  ten  per 
cent,  per  annum,  and  payable  at  such  time,  within  five  years 
from  date,  as  the  Board  may  determine;  and  the  money  ob- 
tained as  a  loan  on  any  such  bonds  shall  be  disbursed  by  order 
of  such  Board,  in  payment  of  expenses  incurred  in  building 
school  houses :  Provided,  That  until  all  the  bonds  of  any  one 
issue  shall  have  been  redeemed,  such  Board  shall  not  be  author- 
ized to  make  another  issue ;  nor  shall  any  such  bonds  be  sold 
at  a  less  rate  than  ninety-five  cents  on  the  dollar.  (R.  S.  1881, 
§4460;  R.  S.  1894,  §5939;  R,  S.  1897,  §"6160.) 

1.  CAN  NOT  LEVY  POLL  TAX.     The  Board  of  School  Commissioners  has  no 
power  to  levy  a  poll  tax  for  the  support  of  the  common  schools  of  the  city,  or  for 
a  special  fund  for  the  support  of  such  schools. — The  Board  v.  Magner,  84  Ind.  67. 

2.  FIFTH  AND  EIGHTH  CLAUSES.     Under  the  fifth  clause  the  School  Commis- 
sioners have  power  to  contract  for  the  erection  and  completion  of  school  houses, 
and  to  agree  to  pay  therefor  partly  in  cash  and  partly  on  time,  and  to  make  and 
deliver  their  notes  for  the  deferred  payments,  which  are  valid  obligations,  binding 
upon  their  school  cities,  notwithstanding  the  fact  that  there  may  be  at  the  time 
outstanding  bonds  to  the  amount  of  $100,000,  issued  and  sold  under  the  eighth 
clause,  to  secure  loans  in  anticipation  of  the  revenue,  for  building  school  houses, 


SCHOOL    LAW    OF    INDIANA.  177 

and  that  such  money  had  been  disbursed  for  that  purpose.  The  powers  conferred 
under  the  fifth  clause  are  limited  only  by  the  educational  Avauts  of  the  school 
corporations  under  the  Board's  control,  in  the  exercise  of  a  sound  and  reasonable 
discretion.  The  eighth  clause  was  not  intended  to  be,  and  is  not,  a  limitation 
upon  the  general  powers  conferred  upon  the  Board  by  the  fifth  clause.  It  confers 
additional  and  extraordinary  powers  not  conferred  upon  school  corporations 
generally,  and  the  proviso  therein  contained  is  a  limitation  only  on  the  Board's 
exercise  of  such  additional  and  extraordinary  powers. — Fatout  v.  Board,  102 
Ind.  223. 

3.  NOTES.     Notes  executed  by  the  Board  in  settlement  of  just  debts  fairly 
contracted  for  the  legitimate  purposes  of  the  school  corporation,  do  not  come 
within  the  meaning  of  the  eighth  clause,  or  of  the  proviso,  and  are  valid. — Fatout 
v.  Board,  102  Ind.  223. 

4.  TAX  LEVY.     See  Acts  1885,  p.  17,  Sec.  9.     (K.  S.  1894,  §  3752;  K.  S.  1897, 
§  4277.) 

5.  MECHANIC'S  LIEN — PUBLIC  POLICY.     A  mechanic's  lien  for  work  done,  or 
materials  furnished,  in  the  erection  of  a  public  school  house,  can  not  be  acquired 
or  enforced.    It  is  against  public  policy. — Fatout  v.  Board,  102  Ind.  223,  overruling 
Shattell  v.  Woodward,  17  Ind.  225. 

173.  Tax  collection  and  payment.     5.    All  levies  of  taxes 
made  by  order  of  the  Board  of  School  Commissioners  shall  be 
certified  by  its  president  and  secretary  to  the  City  Clerk,  who 
shall  cause  the  same  to  be  placed  on  the  tax  duplicate  against 
all  property  assessed  for  city  taxes ;   and  the  City.  Treasurer 
shall  collect  the  same  as  city  taxes  are  collected,  and  shall,  once 
in  each  month,  pay  over  all  such  taxes  so  collected  to  the  treas- 
urer of  the  Board  of  School  Commissioners  of  such  city.     All 
taxes  hereafter  collected  by  the  County  Treasurer  for  school 
purposes  on  levies  hereafter  made,  and  all  moneys  that  may  be 
hereafter  distributed  as  a  part  of  the  common  school  fund  by 
county  officers,  to  which  the  common  schools  of  such  city  shall 
be  entitled,  shall  be  paid  over  by  the  County  Treasurer  to  the 
treasurer  of  the  Board  of  School  Commissioners ;  aird  all  taxes 
hereafter  collected  by  the  City  Treasurer  on  levies  heretofore 
made  for  school  purposes,  shall  be  paid  over  by  such  Treasurer, 
once  in  each  month,  to  the  treasurer  of  the  Board  of  School 
Commissioners  of  such  city.     (R.  S.  1881,  §  4461 ;  R.  S.  1894, 
§  5943 ;  R.  S.  1897,  §  6161.) 

174.  Sessions— Record— No  pay.    6.    The  said  Board  of 
School  Commissioners  shall  hold  its  sessions  at  such  times  as  it 
may  determine,  and  shall  keep  a  record  of  all  its  proceedings. 
The  members  of  such  Board  shall  serve  without  any  compensa- 

12— Sen.  LAW. 


178  SCHOOL    LAW    OF   INDIANA. 

tion  whatever.     (R.  S.  1881,  §4462;  R.  S.  1894,  §5945;  R.  S. 
1897,  §  6162.) 

175.  General  school  law  in  force.     8.    All  parts  of  the 
general  school  laws  of  this  State,  not  inconsistent  herewith,  and 
which  may  be  applicable  to  the  general  system  of  the  common 
schools  in  such  city,  herein  provided  for,  shall  be  in  full  force 
and  effect  in  such  city.     (R.  S.  1881,  §  4463 ;  R.  S.  1894,  §  5946 ; 
R.  S.  1897,  §  6163.) 

[1877,  p.  123.    Approved  and  in  force  March  3, 1877.] 

176.  Temporary  loans.     1.    The  Board  of  School  Commis- 
sioners of  any  city  embraced  within  the  provisions  of  sections 
4457  to  4463  may,  whenever  the  funds  for  the  support  of  the 
common  schools  in  such  city  throughout  the  regular  school  year 
shall  be  insufficient  or  exhausted,  make  temporary  loans  for  the 
support  of  such  schools  during  such  time,  and  until  the  receipt 
of  the  school  revenue  of  the  current  year ;  but  no  more  than  is 
sufficient  for  such  purpose,  nor  the  amount  of  such  revenue  for 
the  current  year,  shall  be  borrowed  at  any  one  time,  and  no  fur- 
ther loan  shall  be  made  until  such  temporary  loan  shall  be  paid. 
(R.  S.  1881,  §  4464;  R,  S.  1894,  §  5947;  R.  S.  1897,  §  6164.) 

[1889,  p.  101.    Approved  and  in  force  March  5, 1889.] 

177.  Bonds  to  pay  debts.     1.    Boards  of  School  Commis- 
sioners in  all  cities  of  this  State  having  thirty  thousand  or  more 
inhabitants,  according  to  the  United  States  census  for  the  year 
eighteen  hundred  and  seventy,  are  hereby  authorized  to  prepare, 
issue  and  sell  bonds  to  secure  loans  not  exceeding  in  the  aggre- 
gate, at  any  one  time,  the  sum  of  two  hundred  and  fifty  thou- 
sand  dollars,  in   anticipation   of  the  revenue  for  purchasing 
grounds  and  building  school  houses,  to  bear  such  rate  of  inter- 
est, not  exceeding  six  per  cent,  per  annum,  and  payable  at  such 
time  within  ten  years  from  date  as  the  Board  may  determine ; 
and  the  money  obtained  as  a  loan  on  any  such  bonds  shall  be 
disbursed  by  the  order  of  said  Board  in  payment  of  indebtedness 
incurred  in  the  purchasing  of  grounds,  or  building  of  school 
houses,  or  in  refunding  any  bonds  or  other  evidence  of  indebted- 
ness issued  for  such  purpose.    Such  bonds  may  be  issued  in  such 


SCHOOL    LAW    OF    INDIANA.  179 

denominations  and  in  such  sums  as  the  Board  of  School  Com- 
missioners may  deem  to  be  expedient :  Provided,  That  at  no 
time  shall  the  amount  of  such  bonds  so  issued  by  any  such 
Board  of  School  Commissioners,  then  outstanding,  exceed  said 
sum  of  two  hundred  and  fifty  thousand  dollars:  And  provided 
further,  That  such  bonds  shall  not  be  sold  for  less  than  their  par 
value.  (E.  S.  1894,  §  5940;  R.  S.  1897,  §  6165.) 

1.  LIBRARY  TAX.  For  a  tax  .to  build  and  support  libraries  in  large  cities, 
see  $  285  to  290. 

[1889.  p.  101.    Approved  and  in  force  March  5, 1879.] 

178.  Bonds  in  cities.  1.  Boards  of  School  Commissioners 
in  all  cities  of  this  State  having  thirty  thousand,  or  more,  in- 
habitants, according  to  the  United  States  census  for  the  year 
eighteen  hundred  and  seventy,  are  hereby  authorized  to  prepare, 
issue  and  sell  bonds  to  secure  loans  not  exceeding  in  the  aggre- 
gate, at  any  one  time,  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars,  in  anticipation  of  the  revenue,  for  purchasing 
grounds  and  building  school  houses,  to  bear  such  rate  of  inter- 
est, not  exceeding  six  per  cent,  per  annum,  and  payable  at  such 
time  within  ten  years  from  date,  as  the  Board  may  determine ; 
and  the  money  obtained  as  a  loan  on  any  such  bonds  shall  be 
disbursed  by  the  order  of  said  Board  in  payment  of  indebted- 
ness incurred  in  the  purchasing  of  grounds,  or  building  of  school 
houses,  or  in  refunding  any  bonds  or  other  evidence  of  indebted- 
ness issued  for  such  purpose.  Such  bonds  may  be  issued  in 
such  denominations  and  in  such  sums  as  the  Board  of  School 
Commissioners  may  deem  to  be  expedient :  Provided,  That  at. 
no  time  shall  the  amount  of  such  bonds  so  issued  by  any  such 
Board  of  School  Commissioners,  then  outstanding,  exceed  said 
sum  of  two  hundred  and  fifty  thousand  dollars:  And,  pro- 
vided further,  That  such  bonds  shall  not  be  sold  for  less  than 
their  par  value.  (R,  S.  1894,  §  5940 ;  R.  S.  1897,  §  6165.) 

1.     BONDS.     As  to  validity  of  bonds  issued  under  this  and  previous  sections, 
see  Campbell  v.  City  of  Indianapolis,  155  Ind.  ;  same  case,  57  N.  E.  Rep.  920. 


180 


SCHOOL    LAW    OF    INDIANA. 


CHAPTEE  XIII. 

SCHOOLS  IN  CITIES  OF  100,000  INHABITANTS. 


SEC. 

179. 

180-. 

181. 

182. 

183. 

184. 

185. 

186. 

187. 

188. 


190. 
191. 
192. 
193. 
194. 
195. 
1%. 


Act  of  March  3, 1871,  in  force. 
Qualifications  of  Commissioners. 
Nomination  and  election. 
Terms. 

Organization  of  Board. 
Committees — Salaries — Rules. 
Legislative  act — Directors'  approval. 
Officers  and  teachers — Examinations. 
Directors— Duties. 

Superintendent — Text-books  —  Libra- 
rian— Appointments. 
Discharge  of  employes. 
Director's  duties — Bond. 
Auditor  of  School  Board. 
Warrants. 

Evidence  of  indebtedness. 
Illegal  warrant — Liability. 
Appropriation  necessary. 
Auditor's  report — Bond — Pay. 


SKC. 

197.  Accountants. 

198. .  Payments  to  Treasurer. 

199.  Contract,  appropriations  for  necessary. 

200.  Contracts  to  be  in  writing — Supplies. 

201.  Bids  for  school  houses. 

202.  Funding  indebtedness. 

203.  Tax  levy. 

204.  School  law  in  force. 

205.  Old  School  Board. 

206.  Limit  of  debt. 

207.  Purchase  of  grounds  and  buildings. 

208.  Eminent  domain,  may  exert-ise. 

209.  Removal  of  Commissioner. 

210.  Levy  to  pay  debts. 

211.  Subsequent  censuses. 

212.  Manual  training  schools. 

213.  Teachers  and  instructors. 

214.  Tax  to  support  schools. 


),  p.  434.    Approved  and  in  force  March  4, 1899.J 

179.  Act  of  March  3, 1871,  in  force.  1.  The  government 
of  common  schools  in  cities  of  one  hundred  thousand  or  more 
inhabitants,  according  to  the  last  United  States  census,  shall  be 
vested  in  a  Board  of  School  Commissioners,  which  shall  consist 
of  five  School  Commissioners.  The  said  Board  of  School  Com- 
missioners shall  have  and  exercise  all  the  powers  now  conferred 
by  an  act  of  the  General  Assembly  of  this  State,  approved 
March  3,  1871,  entitled  "an  act  providing  for  a  general  system 
of  common  schools  in  all  cities  of  thirty  thousand  or  more  in- 
habitants, and  for  the  election  of  a  Board  of  School  Commis- 
sioners for  such  cities,  and  defining  their  duties  and  prescribing 
their  powers,  and  providing  for  common  school  libraries  within 
such  cities,"  and  all  acts  amendatory  thereof,  and  supplemental 
thereto ;  and  also  all  powers  now  conferred  by  law  on  Boards 
of  School  Commissioners  in  cities  of  thirty  thousand  or  more 
inhabitants,  according  to  the  United  States  census  of  1870,  as 
well  as  the  powers  now  conferred  by  law  on  Boards  of  School 
Commissioners  in  cities  of  one  hundred  thousand  or  more  in- 
habitants, except  as  otherwise  herein  provided.  And  said 


SCHOOL    LAW   OP   INDIANA.  181 

Board  of  School  Commissioners  provided  for  by  this  act  shall 
assume,  pay  and  be  liable  for  all  the  indebtedness  and  liabilities 
of  Boards  of  School  Commissioners  heretofore  elected  under 
the  above  described  acts. 

1.     STATUTE  VALID.     This  statute  is  valid. — Campbell  v.  City  of  Indianapolis, 
155.  Ind.  186;  same  case,  57  N.  E.  Rep.  920. 

180.  Qualifications  of  Commissioners.    2.    The  members 
of  such  Board  of  School  Commissioners  shall  be  at  least  twenty- 
live  years  of  age,  Tesidents  of  the  city,  and  shall  have  been  such 
residents  for  at  least  three  years  immediately  preceding  their 
election.     They  shall  be  ineligible  to  any  elective  or  appointive 
office  under  such  Board  of  School  Commissioners  and  under  the 
government  of  such  city  while   holding  membership  in  said 
Board.     They  shall  not  be  interested  in  any  contract  with  or 
claim  against  the  school  city  in  which  they  are  elected,  either 
directly  or  indirectly.     If  at  any  time  after  the  election  of  any 
member   of  said   Board   he   shall    become    interested   in   any 
such  contract  with  or  claim  against  said  school  city  he  shall 
thereupon  be  disqualified  to  continue  as  a  member  of  said  Board, 
and  a  vacancy  shall  thereby  be  created.     Every  member  of  said 
Board  shall,  before  assuming  the  duties  of  his  office,  take  an  oath 
before  some  one  qualified  to  administer  oaths  that  he  possesses  all 
of  the  qualifications  required  by  this  act,  that  he  will  honestly  and 
faithfully  discharge  the  duties  of  his  office,  that  he  will  not, 
while  serving  as  a  member  of  such  Board,  become  interested, 
directly  or  indirectly,  in  any  contract  with  or  claim  against  said 
school  city,  and  that  he  will  not  be  influenced  during  his  term 
of  office  by  any  consideration  of  politics  or  religion  or  anything 
except  that  of  merit  and  fitness  in  the  appointment  of  officers 
and  the  engagement  of  employes.     ~No  compensation  shall  be 
received  by  members  of  the  Board,  but  they  shall  be  exempt 
from  jury  duty  during  their  term  of  office. 

181.  Nomination  and  election.     3.    The  said  Board  of 
School  Commissioners  shall  be  elected,  except  as  specified  in 
section  four  of  this  act,  on  a  general  ticket  for  the  term  of  four 
years  by  the  voters  of  such  city  qualified  to  vote  at  its  city  elec- 
tions.    The  members  of  such  Board  shall  be  elected  at  the 
regular  city  election  of  such  civil  city,  and  shall  be  taken  from 


182  SCHOOL    LAW    OF    INDIANA. 

the  city  at  large  without  reference  to  districts,  and  such  election 
shall  be  held  under  the  provisions  of  the  general  laws  governing 
such  city  elections,  so  far  as  they  are  not  inconsistent  with  the 
provisions  of  this  act.  Not  later  than  thirty  days  before  any 
election  for  members  of  the  Board  of  School  Commissioners 
provided  for  in  this  act,  householders  of  said  city  may  present 
names  of  candidates  for  election  as  members  of  said  Board  of 
School  Commissioners  to  a  Board  of  Canvassers,  consisting  of 
the  Mayor,  the  Treasurer  and  the  Comptroller  of  said  city,  in 
the  manner  following:  Each  candidate  shall  be  proposed  in 
writing  by  not  fewer  than  two  hundred  householders  of  said 
city.  No  more  than  one  candidate  may  be  named  in  any  one 
petition  and  no  person  may  sign  more  than  xme  petition  for  any 
one  election.  Upon  the  presentation  of  such  petitions  to  said 
Board  of  Canvassers,  the  said  Board  of  Canvassers  shall  pub- 
lish for  five  days  the  names  proposed  in  at  least  two  of  the 
daily  papers  of  the  city,  and  shall  certify  at  the  time  required 
by  law  such  nominations  to  the  regular  Board  of  Election  Com- 
missioners for  said  city  election,  who  shall  prepare  ballots 
printed  on  plain  paper  which  shall  contain  the  names  of  all 
such  candidates,  arranged  in  an  order  to  be  determined  accord- 
ing to  lot  by  said  Board  of  Canvassers.  There  shall  be  nothing 
on  said  ballots,  except  as  otherwise  provided  herein,  and  except 
the  names  of  the  candidates  and  the  offices  to  be  filled,  together 
with  the  squares  in  front  of  each  name  and  a  statement  at  the 
head  of  the  ticket  of  the  number  of  Commissioners  for  whom 
the  elector  may  vote.  Such  ballots  shall  be  voted  at  said  regular 
city  election  and  deposited  in  a  separate  ballot  box  provided 
for  such  purpose.  The  name  of  any  candidate  shall  not  be 
thus  published  and  placed  on  the  official  ballot  by  the  said  Board 
of  Canvassers  if  it  shall  appear  that  he  is  ineligible  for  member- 
ship on  the  said  Board  of  School  Commissioners  under  the  pro- 
visions of  section  2  of  this  act.  Each  elector  may  vote  for  as 
many  of  said  candidates  as  there  are  members  to  be  elected,  by 
making  a  cross  in  the  square  opposite  the  name  of  the  candi- 
date. The  candidates,  in  number  equal  to  the  number  of  mem- 
bers to  be  chosen,  who  have  the  highest  number  of  votes  shall 
be  declared  elected.  If  at  any  election  a  member  is  to  be  chosen 
to  fill  a  vacancy  and  to  serve  out  an  unexpired  term,  candidates 
may  be  chosen  as  above  provided,  but  they  shaM  in  all  cases  be 


SCHOOL    LAW    OF    INDIANA.  183 

designated  on  the  ballot  as  candidates  to  fill  a  vacancy,  and  the 
date  of  the  unexpired  term  shall  be  stated.  The  vacancies  in 
said  Board  of  School  Commissioners  shall  be  temporarily  filled 
by  the  Board  as  soon  as  practicable  after  such  vacancy  occurs. 
Such  member  so  chosen  shall  hold  office  until  his  successor  be 
elected  and  qualified.  His  successor  shall  be  elected  at  the  next 
general  city  election,  when  the  vacancy  shall  be  filled  for  the 
remainder  of  the  term. 

182.  Terms.     4.     At  the  city  election  occurring  on  the  sec- 
ond Tuesday  of  October,  1899,  five  members  of  the  Board  of 
School  Commissioners  shall  be  elected  to  serve  as  herein  pro- 
vided.    They  shall  assume  office  on  the  first  day  of  January, 
1900,  and  meet  at  the  office  of  the  present  Board  of  School 
Commissioners  of  such  city  at  twelve  o'clock,  noon,  and  pro- 
ceed to  organize.    Within  one  week  after  the  organization  of  the 
said  elected  Board  they  shall  meet  to  divide  themselves  by  lot,  in 
such  manner  as  they  shall  determine,  into  two  classes,  as  follows : 
The  first  class,  consisting  of  three  members,  shall  hold  office 
through  the  31st  day  of  December,  1901.     The  second  class, 
consisting  of  two  members,  shall  hold  office  through  the  31st 
day  of  December,  1903.     Thereafter,  regular  elections  of  mem- 
bers of  the  Board  of  School  Commissioners  shall  occur  at  the 
regular  city  elections,  held  on  the  second  Tuesday  of  October 
of  each  alternate  year.     In  the  year  1901,  and  every  fourth  year 
thereafter,  three  members  shall  be  elected.     In  the  year  1903, 
and  every  fourth  year  thereafter,  two  members  shall  be  elected. 

[1901,  p.  512.    Approved  and  in  force  March  12, 1901 J 

183.  Organization  of  Board.     5.     The  Board  of  School 
Commissioners  shall  organize,  annually  at  their  first  regular 
meeting  in  January,  by  choosing  one  of  their  number  president, 
another  vice-president,  electing  a  secretary  who  shall  not  be 
one  of  their  number,  and  who  shall  receive  a  salary  to  be  fixed 
by  the  School  Commissioners  which  shall   not  exceed  fifteen 
hundred  dollars  per  year.      The  Treasurer  of  the  city   shall 
be  the  treasurer  of  the  Board,  and  he  shall  receive  a  salary  to 
be  fixed  by  the  School  Commissioners,  which  shall  not  exceed 
fifteen  hundred  dollars  per  year.     The  Treasurer  shall  make  a 
monthly  statement  to  the  Board  of  the  amounts  received  and 


184  SCHOOL    LAW    OF    INDIANA. 

expended  during  the  month,  and  the  amount  on  hand  to  the 
credit  of  the  Board.  He  shall  give  bond  to  the  approval  of  the 
Board  in  such  sum  as  it  may  he  determined  and  with  not  fewer 
than  two  sureties  or  a  surety  company. 

[1899,  p.  434.    Approved  and  in  force  March  4, 1899.] 

184.  Committees  —  Salaries  —  Rules.      6.     All  standing 
committees  provided  for  by  the  rules  of  said  Board  shall  be  ap- 
pointed by  the  president  within  two  weeks  after  his  election. 
All  vacancies  of  offices,  directly  or  indirectly,  under  the  control 
of  the  Board  of  School  Commissioners  shall,  on  their  occur- 
rence, be  filled  for  the  unexpired  terms  in  the  same  manner  as 
is  prescribed  for  the  regular  appointment  or  election  :    Provided, 
That  no  such  election  to  be  made  by  direct  vote  of  the  Board 
of  School  Commissioners  shall  take  place  before  the  regular 
meeting  next  subsequent  to  that  at  which  such  vacancy  is  re- 
ported to  said  Board.     Subject  to  the  limitations  herein  stated, 
said  Board  shall  have  power  to  fix  the  salaries  of  all  officers, 
agents,  teachers,  or  other  employes  in  the  employ  of  said  Board. 
The  salaries  of  all  officers  appointed  for  a  fixed  term  shall  not 
be  reduced  during  such  term.      Such  Board  shall   have   full 
authority  to  adopt  such  schedules  of  salaries  as  it  shall  deem 
proper ;  and,  for  this  purpose,  to  divide  principals,  teachers  and 
other  officers  and  employes  into  classes  to  be  determined  by 
responsibility  or  experience,  or  both.     It  shall  have  power  to 
fix  the  time  of  its  meetings,  except  that  at  least  one  regular 
meeting  each  month  shall  be  provided  for ;  and  to  make,  amend 
and  repeal  rules  and  by-laws  for  its  procedure  and  for  the  gov- 
ernment and  management  of  the  schools  and  school  property 
under  its  control.     But  the  rules  and  by-laws  of  the  Board  of 
School  Commissioners  superseded  by  this  act,  so  far  as  they  are 
not  inconsistent  with  the  provisions  thereof,  shall  remain  in 
force  and  be  binding  upon  the  newly  organized  Board  of  School 
Commissioners,  until  such  time  as  it  shall  adopt  new  rules  and 
by-laws  to  supersede  them. 

185.  Legislative  act  —  Director's  approval.     7.     Every 
legislative  act  of  the  said  Board  shall  be  by  written  resolution. 
Every  resolution  involving  an  expenditure  of  money  or  the 
approval  of  a  contract  for  the  payment  of  money,  or  for  the 


SCHOOL    LAW    OF   INDIANA.  185 

purchase,  sale,  lease  or  transfer  of  property,  or  levying  any  tax, 
shall,  before  it  takes  effect,  and  at  least  five  days  before  the 
next  regular  meeting,  be  presented,  duly  certified  by  the  secre- 
tary to  the  business  director  for  approval.  The  director,  if  he 
approves  such  resolution,  shall  sign  it;  but  if  he  does  not  ap- 
prove it  he  shall  return  the  same  to  the  Board  at  its  next  regu- 
lar meeting,  with  his  objections,  which  the  Board  shall  enter  in 
full  upon  its  journal,  and  if  he  does  not  return  the  same  within 
the  time  above  limited,  it  shall  take  effect  in  the  same  manner 
a>  it'  lie  had  signed  it :  Provided,  That  the  director  may  approve 
or  disapprove  the  whole,  or  any  item  or  part  of  any  such  reso- 
tion.  When  the  director  refuses  to  sign  any  resolution  or  part 
thereof,  and  returns  it  to  the  Commissioners  with  his  objections, 
the  Board  shall  forthwith  proceed  to  reconsider  it ;  and  if  the 
same  is  approved  by  the  votes  of  at  least  three  Commissioners, 
it  shall  then  take  effect  as  if  it  had  received  the  signature  of 
the  director,  and  in  all  such  cases  the  votes  shall  be  taken  by 
yeas  and  nays,  and  entered  on  the  records  of  the  Board. 

186.  Officers  and  teachers— Examination.    8.   The  Board 
shall  have  power  to  determine  the  number  of  assistant  superin- 
tendents,  supervisors,   teachers   and   employes,   and  prescribe 
their  duties  and  fix  their  compensation.     The  said  Board  shall 
provide  rules  for  the  management  and  maintenance  of  the  public 
library,  and  appoint  an  advisory  committee  to  aid  in  the  selec- 
tion of  books  for  the  same,  and  to  advise  in  all  other  matters 
pertaining  to  the  library.      The  Board  shall  adopt  rules  for 
obtaining,  by  open  competition  and  without  regard  to  religious 
or  political  beliefs,  eligible  lists  from  which  all  teachers  and  all 
other  employes,  except  the  superintendent,  the  assistant  super- 
intendent, the  principal  of  the  normal  school,  the  supervisors, 
and  the  principals  of  the  high  schools,  shall  be  elected  with 
regard,  exclusively,  to  fitness. 

187.  Director — 'Duties.     9.     Immediately  after  its  first  or- 
ganization, the  Board  shall  appoint  a  business  director,  who 
shall  serve  for  a  term  of  one  year,  but  who  shall  be  removable 
by  a  vote  of  four-fifths  of  the  entire  Board  at  any  time.     The 
business  director  shall  be  the  executive  officer  of  the  Board, 
lie  shall  execute  for  the  Board  of  School  Commissioners,  in  the 


186  SCHOOL    LAW    Otf    INDIANA. 

name  of  the  school  city,  its  contracts  and  obligations ;  except 
that  bonds  issued  shall  be  signed  by  the  president  of  the  Board 
and  attested  by  the  secretary ;  he  shall  see  that  all  contracts 
made  by  or  with  said  Board  shall  be  fully  and  faithfully  per- 
formed ;  he  shall  have  the  care  and  custody  of  all  property  of 
the  school  city  real  and  personal,  except  moneys ;  he  shall 
oversee  the  construction  of  buildings  in  process  of  erection  and 
repairs  of  the  school  and  library  buildings ;  shall  advertise  for 
bids,  and  shall  purchase  all  supplies  and  equipments  authorized 
by  the  Board ;  and  generally  shall  execute  and  carry  into  effect 
all  matters  and  things,  authority  for  which  shall  have  been 
granted  by  the  Board,  as  herein  provided.  Whenever  a  busi- 
ness director  who  shall  have  served  one  year  shall  be  re-elected 
his  re-election  shall  be  for  a  term  of  four  years,  he  being  remov- 
able, however,  at  any  time  by  a  vote  of  four-fifths  of  the  entire 
Board.  Before  entering  on  the  duties  of  the  office  he  shall 
take  an  oath  similar  to  the  oath  herein  prescribed  for  School 
Commissioners,  in  so  far  as  it  is  applicable. 

188.  Superintendent— Text-books— Librarian — Appoint- 
ments, 10.  The  School  Commissioners  shall,  at  their  second 
regular  meeting  in  April,  1900,  elect  a  Superintendent  of  Schools 
and  a  Librarian,  each  of  whom  shall  serve  a  term  of  one  year 
from  June  30, 1900,  and  if  either  be  then  re-elected  it  shall  be  for 
a  term  of  four  years,  and  if  either  be  therafter  re-elected  it  shall 
be  for  a  term  of  four  years,  and  their  successors  shall  be  elected 
first  for  a  term  of  one  year  and  thereafter  for  a  term  of  four 
years.  The  Superintendent  of  Schools  shall  have  the  sole  power 
to  appoint  and  discharge  all  assistants,  principals,  supervisors 
and  teachers  authorized  by  the  School  Board  to  be  employed, 
subject  to  the  limitations  in  this  act  stated,  and  shall  report  to 
the  School  Board  in  writing  annually,  and  oftener  if  required, 
as  to  all  matters  under  his  supervision.  He  may  be  required 
by  the  Board  to  attend  any  or  all  its  meetings  and  may  take 
part  in  its  deliberations,  but  may  not  vote.  He  shall  select  the 
text-books,  maps,  charts  and  apparatus  to  be  used  in  the  schools 
of  said  city,  except  the  high  schools,  manual  training  and  nor- 
mal schools,  conforming,  however,  so  far  as  they  may  apply,  to 
the  provisions  of  the  general  law  of  Indiana  regarding  school 
books.  The  text-books,  maps,  charts  and  apparatus  to  be  used 


SCHOOL    LAW    OF    INDIANA.  187 

in  the  high  schools,  manual  training  and  normal  schools,  shall 
be  selected  by  committees  consisting  in  each  instance  of  the 
Superintendent  of  Schools,  the  principal  of  high  school,  manual 
training  or  normal  school  in  which  the  text-book,  map,  chart  or 
apparatus  is  to  be  used  and  the  head  of  the  department  con- 
cerned. The  Librarian  shall  have  the  power  to  select  and  pur- 
chase for  the  library  all  books,  maps  and  other  literature  with 
the  approval  of  the  library  advisory  committee,  and  such  Libra- 
rian shall  have  the  sole  power  to  appoint  and  discharge  all 
assistants  in  the  library,  subject  to  the  limitations  in  this  act 
stated,  and  shall  report  monthly  and  annually,  or  oftener  if  re- 
quired, as  to  all  matters  under  the  supervision  of  such  office. 
All  other  employes  of  the  Board  of  School  Commissioners  shall 
be  appointed  or  employed  and  discharged  by  the  business  direc- 
tor, subject  also  to  the  limitations  in  this  act  stated.  He  shall 
report  to  the  Board  monthly  and  annually  as  to  all  matters 
under  the  supervision  of  such  office,  shall  attend  all  meetings 
of  the  Board  and  may  take  part  in  its  deliberations,  subject,  to 
its  rules,  but  shall  not  have  the  right  to  vote.  A  majority  of 
the  entire  Board  shall  be  necessary  to  elect  either  the  superin- 
tendent or  librarian.  If  written  charges  of  incompetence  or 
misconduct  are  preferred  to  the  said  Board  against  any  officer, 
employe  or  appointee  chosen  by  or  for  the  Board  of  School 
Commissioners,  a  hearing  of  the  same  shall  be  had  after  reason- 
able notice,  and  the  School  Commissioners  may  by  four-fifths 
vote  of  all  the  members  of  such  Board  remove  such  officer, 
employe  or  appointee,  in  which  case  he  shall  not  be  eligible  to 
re-appointment  within  two  years  thereafter.  The  superin- 
tendent and  the  librarian,  before  entering  on  their  duties,  shall 
take  oaths  similar  to  the  oath  prescribed  herein  for  School 
Commissioners  in  so  far  as  it  is  applicable. 

189.  Discharge  of  employes.  11.  All  appointments  or 
discharges  of  assistant  superintendents,  supervisors,  teachers  or 
employes  which  may  be  made  by  the  superintendent,  director 
or  librarian,  shall  be  reported  in  writing  to  the  Board  at  its 
next  regular  meeting  and  shall  be  subject  to  the  disappoval  of 
the  Board  by  four-fifths  vote  of  all  its  members  not  later  than 
the  next  succeeding  regular  meeting  of  such  Board.  The  vote 
must  be  by  yeas  and  nays  and  must  be  spread  in  full  upon  the 


188  SCHOOL    LAW    OF    INDIANA. 

record.  Whenever  the  Superintendent  of  Schools  and  the  prin- 
cipal or  librarian  in  charge  of  any  building  shall,  in  writing, 
request  of  the  business  director  the  discharge  of  any  janitor, 
engineer  or  any  other  employe  engaged  in  or  about  such  build- 
ing, he  shall  be  by  such  business  director  discharged,  subject  to 
the  right  of  disapproval  by  the  Board  as  above  provided  and 
the  right  of  appeal  as  provided  herein.  Any  person  discharged 
by  the  superintendent,  director  or  librarian  may  appeal  to  the 
Board  at  its  next  regular  meeting  by  statement  thereof  in  writ- 
ing, and  it  shall  then  be  the  duty  of  such  Board  to  consider  and 
take  a  vote  upon  such  dismissal  at  its  next  regular  meeting. 

190.  Director's  duties — Bond,     12.    The  business  director 
shall  devote  his  entire  time  to  the  duties  of  his  office,  and  shall  re- 
ceive an  annual  salary  not  to  exceed  three  thousand  dollars,  to  be 
fixed  by  the  Board,  payable  monthly  out  of  the  fund  of  the 
school  city;    and   before  entering  upon  the  discharge  of  the 
duties  of  his  office  he  shall  give  a  bond  for  the  faithful  perform- 
ance thereof  in  the  sum  of  ten  thousand  dollars,  with  not  fewer 
than  two  sureties,  of  a  surety  company,  to  be  approved  by  the 
Board,  which  bond  shall  be  deposited  with  the  secretary  within 
ten  days  from  date  of  election,  and  preserved  by  him. 

191.  Auditor  of  School  Board.     13.    The  City  Comptroller 
shall  be  the  auditor  of  the  Board  of  School  Commissioners  of 
such  school  city.     He  shall  keep  an  accurate  account  of  all 
taxes  levied  for  school  purposes,  and  of  all  moneys  due  to, 
received  and  distributed  by  the  Board ;  also  of  all  assets  and 
liabilities  of,  and  all  appropriations  made  by  the  School  Board, 
and  shall  receive  and  preserve  all  vouchers  for  payments  and 
disbursements  made  by  the  Board. 

192.  Warrants.     14.     The  auditor  of  the  Board  shall  issue 
all  warrants  for  the  payment  of  money  from  the  school  funds, 
but  no  warrant  shall  be  issued  for  the  payment  of  any  claim 
until  such  claim  has  been  allowed  by  the  Board  and  approved 
in  writing  by  the  business  director;  but  when  the  Board  has 
authorized  the  payment  of  money,  notwithstanding  his  veto, 
the  business  director  shall  approve  the  same.     The  pay-roll, 


SCHOOL    LAW    OF    INDIANA.  189 

however,  for  assistants,  principals  and  supervisors  in  the  school 
work  and  teachers,  shall  be  allowed  by  the  Board  and  approved 
by  the  Superintendent  of  Schools  instead  of  by  the  director. 

193.  Evidence  of  indebtedness.     15.    Whenever  the  audi- 
tor of  said  Board  shall  be  called  upon  to  issue  any  warrant,  he 
shall  have  power  to  require  evidence  that  the  amount  claimed 
is  justly  due  and  is  in  conformity  with  the  law,  and  for  that 
purpose  he  may  summon  before  him  any  officer,  agent  or  em- 
ploye of  the  Board,  or  any  other  person,  and  examine  him  on 
oath  or  affirmation  relative  thereto,  which  oath  or  affirmation 
he  may  administer. 

194.  Illegal  warrant— Liability.     16.    If  the  auditor  of 
said  Board  shall  draw  a  warrant  for  any  claim  contrary  to  law, 
he  and  his  sureties  shall  be  individually  liable  for  the  amount 
of  the  same. 

195.  Appropriation  necessary.    17.    No  money  shall  be 
drawn  from  the  treasury  except  in  pursuance  of  appropriations 
made  by  the  Board  upon  an  aye  and  nay  vote  duly  recorded, 
and  whenever  an  appropriation  is  made  by  the  Board  the  secre- 
tary  shall  forthwith  give  notice   thereof  to   the  auditor  and 
treasurer.     No  appropriation  shall  be  made  for  a  longer  period 
than  to  the  end  of  the  current  year  ending  June  30,  and  at  the 
end  of  such  year  all  the  unexpended  balances  of  all  appropria- 
tions, except  from  the  tuition  fund,  shall  be  covered  into  the 
special  school  fund  as  an  addition  thereto. 

196.  Auditor's  report — Bond — Pay.    18.    The  auditor  shall 
submit  to  the  Commissioners  annually,  and  oftener  if  required 
by  them,  a  report  of  the  accounts  of  the  Board,  verified  by  his 
oath,  exhibiting  the  revenues,  receipts,  disbursements,   assets 
and  liabilities,  the  sources  from  which  the  revenues  and  funds 
are  derived,  and  in  what  manner  the  same  have  been  disbursed. 
He  shall  give  bond  for  the  faithful  discharge  of  his  duties  in 
the  sum  of  five  thousand  dollars  ($5,000),  with  not  fewer  than 
two  sureties,  or  a  surety  company,  to  the  approval  of  the  Com- 
missioners, which  bond  shall  be  filed  with  the  secretary.     The 
auditor  of  the  said  Board  shall  receive  no  compensation  for  his 


190  SCHOOL    LAW    OF    INDIANA. 

services  as  auditor,  but  the  Board  shall  provide  for  the  appoint- 
ment of  such  assistants  for  such  auditor  as  it  shall  deem  neces- 
sary and  fix  their  compensation,  which  shall  be  paid  monthly 
out  of  the  school  funds;  but  such  assistants  shall  be  appointed 
by  the  auditor. 

197.  Accountants.     19.     At  the  close  of  each  year  ending 
June  30,  the  Mayor  of  such  city  shall  appoint  one  or  more  ex- 
pert accountants,  who  shall  examine  the  books,  accounts  and 
vouchers  of  the  director,  the  treasurer  and  of  all  other  depart- 
ments of  expenditure  of  said  Board  and  of  the  librarian  pro- 
vided for  herein,  and  shall  make  report  thereof  to  the  Mayor 
and  to  the  Board  of  School  Commissioners  of  said  city.     All 
the  officers  and  employes  of  said  Board  shall  produce  and  sub- 
mit  to    such    accountants  for  examination  all  books,  papers, 
documents,  vouchers  and  accounts  in  their  offices  belonging  to 
the  same  or  thereto  pertaining,  and  shall  in  every  way  assist 
said  accountants  in  their  work.     In  the  report  to  be  made  by 
said  accountants,  they  may  make  any  recommendations  they 
deem  proper  as  to  the  business  methods  of  such  officers. and 
employes.     A  reasonable  compensation  for  such  services  shall 
be  paid  by  said  Board. 

198.  Payments  to  Treasurer.     20.    All  money  payable  to 
the  Board,  shall  be  paid  to  the  treasurer  and  his  receipt  for  the 
same  shall  be  filed  with  the  auditor  of  said  Board,  who  shall 
issue  his  quietus  therefor,  which  alone  shall  be  sufficient  evi- 
dence of  such  payment.     No  person  except  the  treasurer  shall 
collect  or  receive  any  moneys  payable  to  the  Board  and  any 
payments  made,  except  to  such  treasurer,  and  any  receipt  given 
therefor  by  any  other  person  shall  be  void  as  against  the  Board. 

199.  Contracts,  appropriation   for  necessary.     20.     No 

contract,  agreement  or  obligation  shall  be  binding  upon  the 
Board  unless  an  appropriation  therefor  shall  have  been  first 
made  by  it.  It  shall  be  unlawful  for  any  Commissioner  or 
officer  chosen  by  the  Board  of  School  Commissioners  in  any 
manner,  directly  or  indirectly,  to  profit  by  or  be  interested  in 
any  contract  of  said  Board,  and  any  person  convicted  of  a  vio- 
lation of  this  section  shall  be  fined  in  any  sum  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars  and  expelled 
from  office. 


SCHOOL    LAW    OF    INDIANA.  191 

200.  Contracts  to  be  in  writing — Supplies.    22.    All  con- 
tracts involving  more  than  two  hundred  dollars  ($200.00)  in 
amount  shall  be  in  writing,  executed  in  the  name  of  the  school 
city,  by  the   business    director   and   approved   by  the  Board. 
When  money  therefor  has  been  appropriated  by  the  Commis- 
sioners, the   business    director-  may  make    contracts  and   pur- 
chases not  exceeding  two  hundred  dollars  ($200.00)  in  amount 
at  any  one  time,  but  all  such  contracts  shall  be  reported  at  its 
next  regular  meeting  to  the  Board,  and  if  disapproved  by  a 
four-fifths  vote  of  said  Board  at  its  succeeding  regular  meeting, 

director  shall  be  responsible  therefor  upon  his  bond.  No 
i'  of  supplies  or  of  materials  of  any  kind  shall  be  made 
from  any  one  person,  firm  or  corporation  in  any  year  to 
the  amount  in  the  aggregate  of  more  than  two  hundred  dollars 
($200),  except  upon  bids  duly  advertised  for  and  accepted.  The 
Hoard  shall  determine  the  mode  and  manner  of  advertising  for 
bids  for,  supplies. 

201.  Bids  for  school  house.     23.    When  the  Board  deter- 

mim's  to  build  or  enlarge  a  school  house,  or  make  any  improve- 
ments or  repairs  thereon,  the  cost  of  which  shall  exceed  five 
hundred  dollars  ($500),  the  business  director  shall  advertise 
weekly  for  bids  for  a  period  of  three  weeks,  beginning  at  least 
twenty-one  days  before  the  opening  of  the  bids.  The  adver- 
tisement shall  be  inserted  in  two  newspapers  of  general  circula- 
tion in  the  city,  and  shall  be  entered  in  full  in  the  records 
of  the  Board.  The  bids  duly  sealed  shall  be  presented  to 
the  Board  at  the  time  fixed  in  the  advertisement  for  bids,  at 
which  time  the  Board  shall  meet  and  none  shall  be  received 
after  that  hour,  and  they  shall  immediately  be  opened  by  the 
business  director,  be  publicly  read  by  the  secretary  and  be  im- 
mediately thereafter  entered  in  full  in  the  records  of  the  Board. 
The  Board  shall  provide  by  general  rules  the  conditions  of  all 
bids,  but  none  but  the  lowest  responsible  bids  shall  ever  be 
accepted.  The  business  director  may,  at  his  discretion,  reject 
all  bids,  and  whenever  there  is  any  reason  to  suspect  collusion, 
the  bids  of  all  concerned  therein,  shall  be  rejected.  If  the 
amount  of  the  expenditure  does  not  exceed  two  thousand  five 
hundred  dollars  ($2,500),  two  weeks'  notice  shall  be  sufficient. 


192  SCHOOL  LAW  OF  INDIANA. 

202.  Funding  indebtedness.  24.  The  Board  of  School 
Commissioners  of  any  such  city  in  which  an  indebtedness 
exists  at  the  time  of  the  passage  of  this  act  of  eight  hundred 
thousand  dollars  ($800,000)  or  more,  is  hereby  authorized  and 
empowered  to  fund  such  indebtedness  to  the  extent  of  eight 
hundred  thousand  dollars,  and  for  that  purpose  said  Board  of 
School  Commissioners  is  hereby  authorized  and  empowered  to 
issue  and  sell  its  bonds  in  such  sums  and  denominations  as  such 
Board  may  deem  advisable,  to  realize  moneys  with  which  to  pay 
such  existing  indebtedness ;  such  bonds  to  bear  interest  at  not 
exceeding  the  rate  of  four  per  cent,  per  annum,  payable  semi- 
annually,  to  be  sold  for  not  less  than  their  par  value,  and  to  run 
for  a  term  of  not  exceeding  thirty  years  from  January  1,  1902. 
The  maturing  of  such  bonds  shall  be  so  arranged  that  there 
shall  mature  in  each  of  the  ten  years,  commencing  with  the 
year  1902,  at  least  the  sum  of  twenty-five  thousand  dollars,  and 
in  each  of  the  next  ten  years  the  sum  of  thirty  thousand  dol- 
lars, and  in  each  of  the  next  ten  years  the  sum  of  thirty-five 
thousand  dollars  of  the  principal  of  the  debt  of  the  said  school 
corporation,  including  in  such  debt  not  only  such  bonded  in- 
debtedness, but  also  any  other  indebtedness  of  such  school  cor- 
poration wiiich  may  be  in  existence  when  this  act  is  passed. 
Such  bonds  may  be  issued  from  time  to  time  as  the  maturity  of 
the  present  indebtedness  may  require :  Provided,  That  not 
more  than  eight  hundred  thousand  dollars  of  such  bonds  in  the 
aggregate  shall  be  issued,  or,  if  the  Board  of  School  Commis- 
sioners shall  so  determine,  such  bonds  may  all  be  sold  at  one 
time  with  the  contract  upon  the  part  of  the  purchasers  to  fur- 
nish at  stated  future  times  so  much  of  the  proceeds  thereof 
as  may  be  desired  to  take  up  obligations  not  then  due.  No 
bonds  shall  be  delivered  until  the  money  therefor  is  paid  to  the 
treasurer  of  the  said  school  corporation,  and  interest  shall  not 
begin  to  accrue  until  such  delivery.  The  Board  of  School 
Commissioners  shall,  preparatory  to  offering  such  bonds  for 
sale,  give  notice  for  not  less  than  four  weeks  prior  to  the  date 
fixed  for  such  sale,  together  with  a  description  of  such  bonds 
and  such  oiFer,  and  invite  bids  therefor;  such  notice  to  be  given 
by  advertisement  twice  each  week  in  at  least  one  daily  news- 
paper published  in  the  city  of  Indianapolis  and  in  one  news- 


SCHOOL    LAW    OF   INDIANA. 

] taper  published  in  the  city  of  New  York,  and  by  such  other 
advertisements  as  the  Board  may  determine  upon.  Such  Board 
shall  soil  such  bonds  to  the  highest  and  best  bidder:  Provided, 
Said  Board  shall  have  the  right  to  reject  any  and  all  bids.  The 
proceeds  arising  from  the  sale  of  such  bonds  shall  be  used  for 
no  other  purpose  than  the  payment  of  such  present  indebted- 
ness, and  no  more  bonds  shall  be  issued  than  is  necessary  for 
that  purpose. 

203.  Tax  levy.     25.     The  Board  of  School  Commissioners 
in  any  such  city  is  hereby  authorized  and  empowered  to  levy 
annually,  in  addition  to  other  taxes  authorized  by  law  a  spe- 
cial tax  of  not  exceeding  five  cents  on  each  one  hundred  dollars 
of  taxable  property  in  the  city,  for  the  purchase  of  grounds  and 
the  erection  and  repair  of  school  buildings.     The  proceeds  of 
such  tax  shall  be  segregated  from  other  funds  of  the  Board,  and 
a  separate  account  of  the  same  shall  be  kept,  and  shall  not  be 
used  for  any  other  purpose  than  the  purchase  of  grounds  and 
the  erection  and  repair  of  school  buildings.     The  said  Board  is 
also  hereby  authorized  to  levy  annually,  in  addition  to  all  other 
taxes  authorized  by  law,  and  as  an  addition  to  its  special  fund, 
eleven  cents  on  each  one  hundred  dollars  of  taxable  property  in 
said  city  :     Provided,  however,  That  any  sum  levied  in  any  year 
by  such  Board  in  pursuance  of  an  act  entitled  "an  act  concern- 
ing the  education  of  children,"  and  approved  March  8,  1897, 
shall,  to  the  extent  of  such  sum  so  levied,  reduce  the  power  to 
lovy  the  said   tax  of  eleven  cents  above  mentioned:     And,  pro- 
vided further,  That  the  aggregate  sums  levied  by  such  Board  for 
all  purposes  shall  not  in  any  one  year  exceed  fifty  cents  upon 
each  one  hundred  dollars  of  taxable  property  in  such  city. 

204.  School  law  in  force.     26.    The  general  school  laws 
of  this  State  and  all  laws  and  parts  of  laws  applicable  to  the  gen- 
eral  system   of  common   schools  in  such  school  city  and  not 
inconsistent  herewith,  shall  be  in  full  force  and  effect  in  such  city. 

205.  Old  School  Board.     27.    The  existing  Board  of  School 
Commissioners  in  any  city  coming  within  this  act  shall  continue 
in  office  until  January  first,  1900,  and  any  such  existing  Board 
shall   until  then  exercise  all  the  powers  which  it  now  possesses 

13— Sen.  LAW. 


194  SCHOOL   LAW   OF   INDIANA. 

under  the  legal  limitations  now  existing,  and  in  addition  thereto 
it  shall  have  power  to  make  the  additional  levies  herein  author- 
ized and  to  issue  bonds  as  herein  provided.  When  the  Board 
herein  provided  for  shall  have  been  elected  and  qualified,  the 
possession,  control  and  management  of  all  property,  real  and 
personal,  including  all  moneys,  books,  records,  papers  and  doc- 
uments, and  all  rights  and  claims  of  every  kind  and  nature 
then  held  by  the  Board  of  School  Commissioners  of  such  city, 
or  by  other  school  authorities,  shall  vest  in  and  be  transferred 
to  the  Board  of  School  Commissioners  hereby  created  without 
other  transfer,  to  the  same  extent  and  with  as  full  interest  as 
the  same  had  been  theretofore  held  by  the  existing  Board  of 
School  Commissioners  or  other  school  authorities  ;  and  all  valid 
indebtedness  and  obligations  of  the  existing  Board  of  School 
Commissioners,  or  of  such  school  city,  shall  be  paid  by  the 
respective  Boards  of  School  Commissioners  hereby  created, 
and  said  Boards  of  School  Commissioners  are  hereby  authorized 
to  maintain  and  defend  all  suits  in  the  name  of  the  school  city 
for  which  they  may  be  elected. 

206.  Limit  of  debt.  28.  The  said  Board  of  School  Com- 
missioners shall  not  have  power  to  create  any  indebtedness 
other  than  the  funding  obligations  herein  provided  for,  in  excess 
of  the  sum  of  twenty-five  thousand  dollars  ($25,000)  in  the  aggre- 
gate, except  as  in  the  next  section  provided  and  except  it  shall  be 
liable  upon  its  lawful  contracts  for  the  ordinary  current  expenses 
of  its  schools  and  library  to  the  persons  rendering  services  or 
furnishing  materials  therefor,  when  contracts  are  entered  into 
as  herein  provided  in  accordance  with  the  law,  but  said  Board 
shall  not  have  any  power  to  borrow  money  to  pay  such  obliga- 
tions so  as  to  create  an  indebtedness  in  excess  of  said  twenty- 
five  thousand  dollars  ($25,000)  to  others  than  to  such  persons  so 
rendering  services  or  furnishing  materials,  and  any  contract  or 
obligation  that  may  be  issued  in  contravention  of  the  provisions 
of  this  section  shall  be  void.  Obligations  to  persons  rendering 
services  or  furnishing  materials  to  said  Board  of  School  Com- 
missioners in  the  current  conduct  of  such  schools  and  libraries, 
will  not  be  considered  as  a  part  of  the  twenty-five  thousand 
dollars  ($25,000)  indebtedness  above  authorized. 


SCHOOL    LAW    OF    INDIANA.  195 

207.  Purchase  of  grounds  and  buildings.    29.   Said  Board 
of  School  Commissioners  may,  notwithstanding  the  provisions 
of  the  above  section  28,  in  the  manner  authorized  by  law,  make 
contracts  for  the  purchase  of  grounds  for  school  buildings  and 
for  the  erection  of  new  school  buildings,  and  give  its  obligations 
therefor  or  for  the  money  to  pay  for  the  same :     Provided,  That 
the  amount  of  such  obligations  outstanding  at  any  time  shall 
not  exceed  five  cents  on  the  one  hundred  dollars  of  all  the  tax- 
able property  of  said  city  as  ascertained  by  the  last  preceding 
assessment,  and  any  such  contract  or  obligation  which  would 
cause  the  aggregate  of  the  outstanding  obligations  or  contracts 
for  such  purpose  to  exceed  the  limits  above  specified,  shall  as  to 
such  excess  be  void.     In  estimating  the  amount  of  such  obliga- 
tions, those  obligations  which  shall  be  in  force  at  the  time  this 
law  shall  go  into  effect,  or  the  funding  renewals  thereof,  shall 
not  be  taken  into  consideration. 

208.  Eminent  domain,  may  exercise.     30.    In  case  the 
compensation  to  be  paid  for  the  purchase  of  any  real  estate 
required  by  said  Board  for  its  said  school  city  can  not  be  agreed 
upon  or  determined  between  said  Board  of  School  Commis- 
sioners and  the  parties  interested  in  the  land  desired  for  school 
sites,  then  the  Board  of  School  Commissioners  shall  have  the 
power  of  eminent  domain,  and  it  shall  be  its  duty  to  proceed  to 
have  such  compensation  determined,  and  acquire  title  thereto 
in  the  manner  provided  for  by  sections  4517,  4518  and  4519  of 
the  Revised  Statutes  of  1881. 

209.  Removal  of  Commissioner.     31.    Any  member  of 
the  Board  of  School  Commissioners  may  be  removed  upon  peti- 
tion of  ten  residents  of  said  city  to  the  Superior  or  Circuit 
Court  of  said  county  in  which  said  city  is  located,  upon  proof 
of  either  ofiicial  misconduct  in  ofiice  or  negligence  of  official 
duties,  or  of  conduct  in  any  manner  connected  with  his  official 
duties  or  otherwise  which  attaches  discredit  to  such  office  or  the 
school  system,  or  for  mental  or  physical  inability  to  perform  his 
duty  as  such  member,  but  before  such  removal  he  shall  receive 
five  days'  notice  of  the  filing  of  such  charges,  together  with  a 
copy  thereof.     Such  hearing  shall  be  had  promptly  arid  without 
the  formation  of  any  issues  thereon,  but  said  charges  shall  be 
regarded  as  denied. 


196  SCHOOL    LAW    OF   INDIANA. 

210.  Levy  to  pay  debts.     32.     It  shall  be  the  duty  of  said 
Board  of  School  Commissioners  at  the  regular  time  for  making 
the  levy  of  taxes  to  make  a  special  levy  of  an  amount  sufficient 
to  realize  the  sum  by  this  act  required  to  be  paid  upon  the  prin- 
cipal of  its  indebtedness  during  the  ensuing  year,  and  the  pro- 
ceeds of  such  levy  shall  be  applied  to  no  other  purpose  -than  the 
payment  of  such  indebtedness.     This  levy  shall  be  made  as  a 
part  of  the  levy  now  authorized  by  law,  and  this  section  shall 
not  permit  the  levy  of  any  additional  tax  over  and  above  those 
'which  said  Board  would  otherwise  be  authorized  to  levy. 

211.  Subsequent  censuses.    33.    Whenever  any  city  which 
has  not  now  sufficient  population  to  bring  it  within  the  purview 
of  this  act  shall,  according  to  any  United  States  census  here- 
after taken,  have  a  population  of  more  than  one  hundred  thou- 
sand people,  an  election  of  the  Board  of  School  Commissioners 
shall  be  held  at  the  next  general  city  election  following  the  year 
in  which  such  census  shall  be  taken.     Such  election  to  be  held 
in  accordance  with  the  provisions  of  this  act,  and  this  act  shall 
then  in  all  respects  apply  to  and  govern  such  city  from  thence- 
forward. 

1.     NOTE.     See  Campbell  v.  City  of  Indianapolis,  155  Ind.  186;  same  case,  57 
N.  E.  Eep.  920. 

[1891,  p.  348.    Approved  and  in  force  March  7, 1891.] 

212.  Manual  training  schools.     1.     In   all  cities  of  the 

State  of  Indiana  having  a  population  of  one  hundred  thousand 
or  over,  as  shown  by  any  census  taken,  by  lawful  authority,  it 
shall  be  lawful  for  the  Board  of  School  Commissioners,  or  other 
school  authorities  having  charge  and  management  of  the  com- 
mon schools  of  said  city,  to  establish  in  connection  with  and  as 
part  of  the  system  of  common  schools  therein,  a  system  of  in- 
dustrial or  manual  training  and  education,  wherein  shall  be 
taught  the  practical  use  of  tools  and  mechanical  implements, 
the  elementary  principles  of  mechanical  construction  and  me- 
chanical drawing.  (R.  S.  1894,  §  5948 ;  R.  S.  1897,  §  6142.) 

213.  Teachers  and  instruction.    2.    Such  Board  of  School 
Commissioners,  or  other  school  authorities,  upon  establishing 
such  system  of  manual  or  industrial  training  and  education, 


SCHOOL    LAW    OF    INDIANA.  197 

shall  employ  competent  instruction  in  the  various  subjects  to  be 
taught,  and  establish  such  general  rules  and  regulations  for  the 
admission  of  pupils  and  the  conduct  of  the  schools  wherein  the 
same  shall  be  taught  as  in  their  judgment  will  produce  the  best 
results,  and  give  instruction  to  the  largest  number  of  pupils 
practicable.  They  may  provide  for  such  instruction  in  separate 
rooms,  or  separate  buildings,  as  in  their  judgment  may  be  most 
advantageous.  (I*.  S.  1894,  §  5949  ;  R.  S.  1897,  §  6143.) 

214.  Tax  to  support  schools.  3.  Any  such  Board  of 
School  Commissioners  or  other  school  authorities,  having  de- 
cided to  establish  such  system  of  industrial  or  manual  training, 
shall  have  authority,  in  addition  to  all  other  taxes  now  author- 
i/A'd  to  be  levied,  to  levy  a  tax  of  not  exceeding  five  cents  on 
each  one  hundred  dollars  of  property  liable  for  taxation  for 
school  purposes,  to  be  levied  and  collected  as  other  taxes  for 
school  purposes  are  levied  and  collected,  for  the  purpose  of  pur- 
chasing1 grounds  and  erecting  buildings,  or  for  renting  build- 
ings wherein  such  instruction  shall  be  given,  the  purchase  of 
all  necessary  tools,  implements  and  apparatus,  and  for  the  pay- 
ment of  instructors  and  other  expenses  incident  to  the  main- 
tenance thereof:  Provided,  That  no  portion  of  the  taxes  so 
levied  and  collected  shall  be  applied  to  any  other  purpose. 
(R,  S.  1894,  §  5950 ;  R,  S.  1887,  §  6144.) 


CHAPTER  XIV. 
SCHOOLS  IN  CITIES  OF  45,000  TO  55,000. 


SEC. 

215.  School  corporations. 

216.  Power  of  School  Board. 

217.  Buildings— Bonds. 


SEC. 

218.  Special  tax. 

219.  Proceeds  of  bonds. 

220.  Population. 


[1901,  p.  21.    Approved  February  20, 1901.    In  force  May  1901.] 

215.  School  corporations.  1.  All  cities  of  this  State  having 
a  population  exceeding  forty-live  thousand  (45,000)  and  less 
than  fifty-five  thousand  (55,000),  according  to  the  last  preced- 
ing United  States  census, 'have  been  heretofore  and  are  hereby 
declared  to  be  and  are  made  school  corporations  for  school  pur- 
poses, separate  and  distinct  from  the  civil  corporations  of  such 


198  SCHOOL    LAW    OF    INDIANA. 

cities,  and  shall  be  known  and  designated  as  The  School  City 

of (naming  the  city);  and  the  several  Boards  of  School 

Trustees  of  such  cities  shall  represent  and  be  vested  with  all  the 
authority  and  powers  of  such  school  cities,  and  with  the  man- 
agement and  control  of  the  common  schools  thereof. 

216.  Powers  of  School  Board.     2.    The  general  school  laws 
of  this  State,  and  all  laws  and  parts  of  laws,  applicable  to  the 
general  system  of  common  schools  in  cities,  and  not  inconsist- 
ent therewith,  shall  be  in  fall  force  in  such  cities.     And  such 
Boards  of  School  Trustees  shall  also  have  and  exercise  all  the 
powers  heretofore  or  hereafter  conferred  upon  the  School  Trus- 
tees of  the  same  or  other  cities  of  the  State. 

217.  Buildings— Bonds.     3.     Such  Board  of  School  Trus- 
tees in  any  such  city  may  purchase  land  and  erect  thereon  a 
building  or  buildings  for  the  purposes  of  a  high  school  and  a 
manual  training  school.     For  the  purpose  of  raising  the  neces- 
sary funds  to  purchase  such  grounds,  and  for  the  erection  of 
such  buildings,  such  Board  of  Trustees  may  borrow  money, 
and  from  time  to  time  issue  and  sell  the  negotiable  bonds  of 
such  school  city,  in  such  sums  and  denominations  as  to  said  Board 
may  seem  advisable,  drawing  not  to  exceed  four  per  cent,  inter- 
est per  annum,  payable  semi-annually  and  running  such  length 
of  time,  not  to  exceed  twenty  years,  and  payable  at  such  place 
as  to  said  Board  may  seem  best,  and  the  said  Board  shall  have 
the  power  to  refund  said  bonds,  or  any  part  thereof,  and  to  issue 
and  sell  other  bonds,  in  lieu  of  those  taken  up  and  paid,  by  issuing 
and  selling  similar  bonds  of  such  city  :     Provided,  however.  That 
the  aggregate  amount  of  such  bonds  outstanding  at  any  time 
shall  not  exceed  one  hundred  and  twenty-live  thousand  dollars 
($125,000).     Such  bonds  shall  be  executed  by  and  in  the  name 

of  the  Board  of  School  Trustees  of (naming  the  city)  by 

the  president  of  the  Board,  which  such  Board  shall  have  power 
to  adopt  and  use,  and  shall  be  attested  by  the  treasurer  or  sec- 
retary of  such  Board,  and  when  so  executed  and  issued,  they 
shall  constitute  an  indebtedness  of  the  school  city  on  account  of 
and  for  the  benefit  of  which  they  are  issued,  and  such  school 
city  issuing  the  same  shall  be  liable  for  and  shall  assume  and 
pay  such  bonds. 


SCHOOL    LAW    OF    INDIANA.  199 

218.  Special  tax.     4.     Said  Boards  of  School  Trustees  shall 
have  the  power  to,  and  shall  levy  a  special  tax  sufficient  to  pay 
the  interest  on  such  bonds,  and  to  create  a  sinking  fund  for  the 
payment  of  the  principal  thereof,  when  due:    Provided,  however, 
That  the  total  tax  levied  for  the  payment  of  such  interest  and 
sinking  fund,   and  for  the  construction  and  repair  of  school 
buildings,  to  provide  furniture,  school  apparatus  and  fuel,  and 
lor  the  payment  of  other  necessary  expenses  of  the  schools  of 
such  city  (except  for  tuition,  library  and  compulsory  educational 
purposes),  shall   not  exceed  the  sum  of  fifty  cents  on  each  hun- 
dred dollars'  worth  of  taxable  property  and  one  dollar  on  each 
poll  in  such  cities  in  any  one  year. 

219.  Proceeds  of  bonds.     5.    The  proceeds  of  the  sale  of 

such  bonds  shall  !>.-  paid  to  the  treasurer  of  said  Board  of  School 
Trustees,  to  enable  such  Board  to  pay  for  such  grounds  and 
erect  such  building  or  buildings;  but  before  the  issue  or  sale 
of  such  bonds  such  treasurer  shall  make  and  file  with  the 
County  Auditor  a  bond,  payable  to  the  State  of  Indiana,  in  a 
sum  not  less  than  the  full  amount  of  such  bonds  to  be  issued 
and  sold,  and  with  security,  to  be  approved  by  said  Auditor, 
conditioned  for  the  faithful  and  honest  application  of  such 
money  to  the  purposes  for  which  the  same  was  provided;  and 
such  treasurer,  and  such  surety  and  sureties  on  such  bond,  shall 
he  liable  on  a  suit  on  such  bond  for  any  waste,  misapplication 
or  loss  of  such  money  in  the  same  manner  and  to  the  same  ex- 
tent as  now  provided  for  waste  or  loss  of  school  revenue. 

220.  Population.     6.     Whenever  any  city  which  has  not 
the  requisite  population  to  bring  it  within  the  provisions  of  this 
act  shall,  according  to  any  United  States  census  hereafter  taken, 
have  a   population   of  mo*e  than  forty-five  thousand   (45,000), 
and   less  than  fifty-five  thousand  (55,000),  then  this  act  shall  in 
all  respects  apply  to  and  govern  such  city  from  thence  forward. 


200 


SCHOOL   LAW   OF   INDIANA. 


CHAPTER  XY. 


SCHOOLS  AND  SCHOOL  HOUSES. 


SEC. 

221.  Bible. 

222.  Uniformity  as  to  time — Numbering. 

223.  Calendar. 

224.  Colored  children. 

225.  Indigent  children. 

226.  Appropriations  for  indigent  children. 

227.  Branches  taught. 

228.  Effect  of  alcoholic  drinks  and  narcotics. 

229.  Teachers  examined  concerning. 

230.  Failure  to  teach  effects— Dismissal. 

231.  Voters'  meetings— School  directors. 

232.  Other  meetings— Powers. 

233.  Estimate  of  expense. 

234.  Changing  site  of  school  house. 

235.  Notice  of  petition  to  change. 

236.  Misdemeanor. 

237.  Doors  must  swing  outward. 

238.  Teachers,  employment  and  dismissal. 

239.  Teachers'  contracts  to  be  in  writing-. 

240.  Blanks  to  be  uniform. 

241.  Teachers'  daily  wages. 

242.  Penalty  against  school  officers. 

242a.  Terms  for  which  teachers  may  be  em- 
ployed. 

243.  Special  examination. 


SEC. 

244.  Director's  duties. 

245.  He  has  charge  of  the  school  house. 

246.  Visits  schools — May  exclude  pupil. 

247.  Appeal  to  teacher. 

248.  Insulting  teacher. 

249.  Title  to  school  property. 

250.  Use  of  school  house. 

251.  Use  of  school  house. 

252.  School  house,  when  sold. 

253.  School  house  in  annexed  territory. 

254.  Pay  for  school  house  in  annexed  terri- 

tory. 

255.  Donations  and  bequests. 

256.  Majority  of  voters. 

257.  Sale  of  bonds. 

258.  Donations  may  be  made  to  school  cor- 

porations. 

259.  Conditional  gift. 

260.  Income  from  gifts,  how  used. 

261.  Trustee  for  gift— Powers. 

262.  Identity  of  gift  not  to  be  lost. 

263.  Site  for  school  house — Eminentdomain. 

264.  Appraisers. 

265.  Appraisement — Payment. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

221.  Bible,  167.  The  Bible  shall  not  be  excluded  from 
the  public  schools  of  the  State.  (R.  S.  1881,  §  4493 ;  R.  S.  1894, 

§5980;  R,  S.  1897,  §6196.) 

1.  USE  or  THE  BIBLE.     The  Bible,  without  note  or  comment,  is  installed  in 
the  common  schools  of  Indiana.     Its  continuance  as  the  moral  class  book  in  these 
nurseries  of  her  future  citizens  will   as  surely  mark  the  period  of  her  prosperity 
and  grace  the  zenith  of  her  glory,  as  its  exclusion  would  prove  the  precursor  of 
her  decline,  the  herald  of  her  shame. 

2.  TEACHER  INDEPENDENT.     Neither  the  Examiner  nor  the  Trustee  should 
ever  inquire  into  the  peculiar  religious  belief  of  a  teacher,   yet  an  Examiner 
should  not  license  an  immoral  person,  nor  one  who  is  a  scoffer  at  the  teachings  of 
the  Bible  and  things  sacred. 

Our  law,  therefore,  wisely  leaves  the  whole  matter  of  Bible  reading  and 
prayers  with  the  good  judgment  and  conscience  of  the  teachers.  To  obligate 
them  by  contract  to  read  the  sacred  Scriptures  and  hold  prayers  in  their  schools 
would  be  in  exceedingly  bad  taste,  if  not  sacrilegious;  to  refuse  them  the  right, 
when  they,  in  good  faith  and  conscience,  desire  to  do  so,  would  be  the  very  worst 
of  tyranny. 

3.  DEVOTIONAL  EXERCISES  CAN  NOT  BE  ENFORCED.     You  ask  if  a  rule  of  the 
Board  requiring  "the  reading  .of  the  Scriptures,  with  devotional  exercises,"  can 
be  enforced.     As  officers  you  should  be  governed  by  the  Constitution  and  statutes 


SCHOOL    LAW    OF    INDIANA.  201 

and  not  by  any  personal  views  you  may  hold.  It  is  true  the  statute  says:  "The 
Bible  shall  not  be  excluded  from  the  public  schools  of  the  Statt  "}  But  the  State 
Constitution  also  says: 

(1)  "All  men  shall  be  secured  in  their  natural  right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  consciences."     (K.  S.  1881,  $  47;  B.  S.  1894, 
H7;  B.  S.  1897,  §47.) 

(2)  "No  law  shall,  in  any  case  whatever,  control  the  free  exercise  and  enjoy- 
ment of  religious  opinions,  or  interfere  with  the  rights  of  conscience."     (B.  S. 
1881,  §48;  B.  S.  1894,  §48;  B.  8.  1*<>7,  g  48.) 

(3)  "No  preference  shall  be  given,  by  law,  to  any  creed,  religious  society,  or 
mode  of  worship;  and  no  man  shall  be  compelled  to  attend,  erect,  or  support  any 
place  of  worship,  or  to  maintain  any  ministry,  against  his  consent."     (B.  S.  1881, 
I  49;  B.  S.  1894,  §  49;  B.  S.  1897,  §  49.) 

(4)  "No  religious  test  shall  be  required  as  a  qualification  for  any  office  of  trust 
or  profit."     (B.  S.  1881,  §  50;  B.  S.  1894,  §  50;  B.  S.  1897,  §  50.) 

In  view  of  the~e  provisions  of  the  State  Constitution,  it  seems  that  the  only 
thing  the  Legislature  intended  to  authorize  school  authorities  to  do  in  section 
44'.).'),  is  to  put  the  Bible  in  the  School  and  leave  the  use  of  it  to  the  good  judgment 
and  conscience  of  the  teacher. 

Under  the  law  you  are  as  a  corporate  body  authorized  to  make  and  enforce  ail 
reasonable  rules  (not  in  conflict  with  the  Constitution  or  statutes)  for  the  successful 
conduct  of  the  business  entrusted  to  your  care.  The  statute  (section  154  above) 
clearly  does  not  directly  authorize  such  a  rule,  and  I  think  it  does  not  authorize 
it  by  implication.  Such  a  rule  might  " interfere  with  the  rights  of  conscience" 
either  of  the  teacher,  some  of  the  pupils  or  parents,  and  it  is,  therefore,  not 
warranted.  Clearly  the  statute  and  the  Constitution  authorize  the  reading  of  the 
Bible,  and  prayer  in  the  public  schools,  but  it  should  be  done  by  choice  and  not 
by  compulsion;  and  when  done  it  should  be  done  in  such  a  discreet  way  as  not  to 
"interfere  with  the  rights  of  conscience."  Complete  religious  liberty  is  what  the 
Constitution  guarantees  to  every  one,  and  this  is  what  should  be  aimed  at  by  the 
School  Board  and  the  teacher.  This  thought  is  aptly  expressed  in  the  Constitution 
of  Virginia:  "It  is  the  mutual  duty  of  all  to  practice  Christian  forbearance,  love 
and  charity  toward  each  other."  The  School  Board  should  practice  forbearance, 
love  and  charity  toward  the  teacher,  the  pupils  and  parents.  The  opinion  of  any 
one,  in  connection  with  the  school,  of  whatever  religious  faith,  should  be  respected 
and  held  inviolate,  as  the  Board  would  have  its  own  opinions  respected. — Depart- 
ment decision. 

• 

222.  Uniformity  as  to  time— Numbering.  14.  All  schools 
in  a  township  shall  be  taught  an  equal  length  of  time,  as  nearly 
as  the  same  can  be  done,  without  regard  to  the  diversity  in  the 
number  of  pupils  at  the  several  schools,  or  the  cost  of  the  school ; 
and  each  of  said  schools  shall  be  numbered,  by  the  proper 

Trustees,  as  School  No.  .     (B.  S.  1881,  §  4494;  B.  S.  1894, 

§  5981 ;  E.  S.  1897,  §  6197.) 

1.  UNIFORMITY.  The  statute  only  requires  the  schools  in  the  townships  to  be 
taught  an  equal  length  of  time,  as  nearly  as  the  same  can  be  done. — Harmony 
School  Tp.  v.  Moore,  80  Ind.  276.  See  also  Maloy  v.  Madge t,  47  Ind.  241. 


202  SCHOOL    LAW    OF    INDIANA. 

223.  Calendar.     163.     A  school  term  of  three  months  shall 
be  sixty  days,  a  school  month  twenty  days,  and  a  school  week 
five  days.     (E.  S.  1881,  §4495;  R.  S.  1894,  §  5982;  R.  S.  1897, 
§6198.) 

[1877,  p.  124.    Approved  and  in  force  March  5, 1877.] 

224.  Colored  children.    3.    The  Trustee  or  Trustees  of  such 
township,  town  or  city  may  organize  the  colored  children  into 
separate  schools  of  the  township,  town  or  city,  having  all  the 
rights,  privileges  and  advantages  of  all  other  schools  of  the 
township,  town  or  city :     Provided,  That  in  case  there  may  not 
be-provided  separate  schools  for  the  colored  children,  then  such 
colored  children  shall  he  allowed  to  attend  the  puhlic  schools 
with  white  children :     Provided  further,  That  when  any  child 
attending  such  colored  school  shall,  on  examination  and  certifi- 
cate of  his  or  her  teacher,  show  to  the  Trustee  or  Trustees  of 
any  township,  town  or  city,  that  he  or  she  has  made  sufficient 
advancement  to  be  placed  in  a  higher  grade  than  that  afforded 
by  such  colored  school,  he  or  she  shall  be  entitled  to  enter  the 
school  provided  for  white  children  of  a  like  grade,  and  no  dis- 
tinction shall  therein  be  made  on  account  of  race  or  color  of 
such  colored  child.     (R.  S.  1881,  §  4496 ;  R.  8.  1894,  §  5983 ;  R. 
S.  1897,  §  6199.) 

1.  STATE'S  POWER — SEPARATE  SCHOOLS.     The  system  of  common  schools  in 
this  State  has  its  origin  in,  and  is  provided  for  by,  the  Constitution  and  laws  of 
the  State.     It  is  purely  a  domestic  institution,  and  subject  to  the  exclusive  control 
of  the  constituted  authorities  of  the  State.     The  Federal  Constitution  does  not 
provide  for  any  general  system  of  education  to  be  conducted  and  controlled  by 
the  federal  government,  nor  does  it  vest  in  the  Congress  any  power  to  exercise  a 
general  or  special  supervision  over  the  States  on  the  subject  of  education.     The 
classification  of  pupils  on  the  basis  of  race  or  color,  and  their  education  in  sepa- 
rate schools,  involve  questions^of  domestic  policy  which  are  within  the  legislative 
discretion  and  control,  and  does  not  amount  to  an  exclusion  of  either  class;  but 
since  the  ratification  of  the  fourteenth  amendment  of  the  Federal  Constitution,  no 
system  of  schools  would  be  general,  uniform  and  equally  open  to  all,  as  required 
by  our  own  Constitution  (E.  S.  1881,  §182;  E.  S.  1894,  §182;  E.  S.  1897,  §182), 
which  did  not  provide  for  the  education  of  the  colored  children. — Corey  v.  Carter, 
48  Ind.  327;  State  v.  Gray,  93  Ind.  303;  see  Lewis  v.  Henley,  2  Ind.  332. 

2.  COMPULSION.     The  Township  Trustee  will  not  be  required  by  mandate  to 
establish  separate  schools  for  colored  children,  unless  it  is  shown  to  be  practicable. 
—State  v.  Grubb,  85  Ind.  213;  State  v.  Gray,  93  Ind.  303. 

3.  SEPARATE  SCHOOLS  PERMITTED.     The  constitutionality  of  the  law  for  the 
establishment  of  separate  schools  for  colored  and  white  children  is  settled.     The 
discretion  given  to  school  officers  to  establish  separate  schools  for  colored  children 


SCHOOL   LAW   OP   INDIANA.  203 

can  not  be  controlled  by  the  courts,  in  the  absence  of  malice  or  corruption,  nor  can 
the  courts  compel  the  admission  of  a  child  to  a  school  already  overcrowded,  nor 
consider  the  competency  of  teachers,  or  the  necessity  of  the  graded  schools,  nor 
determine  the  grade  to  which  a  child  is  qualified  to  be  admitted. — State  v.  Gray, 
93  Ind.  303. 

[1881  S.,  p.  580.    Approved  and  in  force  April  7, 1881.] 

225.  Indigent  children.     3.    It  shall  be  the  duty  of  each 
matron  selected  and  appointed  under  the  provisions  of  this  act 
to  provide  the  children  committed  to  her  care  and  custody  with 
suitable  and  sufficient  food    and  clothing,  and  to  give  them 
proper  home  training  and  education;  and,  in  furtherance  of 
this  object,  she  shall  send  to  the  common  schools  in  the  districts 
most  convenient  to  the  place  where  such  children  are  kept, 
where  they  shall  be  received  and  taught  at  least  three  months 
in  each  year,  all  of  such  children  under  her  care  as  are  of  the 
proper  age  to  be  admitted  into  such  schools,  and  to  give  per- 
sonal attention  to  the  instruction  of  those  not  of  sufficient  age 
to  be  received  into  such  schools.     It  shall  further  be  her  duty, 
at  all  proper  times  when  such  children  are  not  in  school,  nor 
engaged  in  study,  to  engage  them  in  some  active  labor  suited 
to  their  age  and  strength,  to  the  end  that  they  may  become  use- 
ful, industrious  and  self-supporting  citizens.     (R  ^.  1881,  §  6105  ; 
R.  S.  18D4,  §  81bl ;  R.  8.  1897,  §  8640.) 

1.  SCHOOL  PRIVILEGES— ENUMERATION.     Such  children  are  entitled  to  school 
privileges  in  the  corporation   in   which  the  statute  establishes  their  home,  and 
should  be  enumerated  accordingly. 

2.  NOTE.     See  section  339. 

[1885,  p.  125.    Approved  April  2, 1885,  and  in  force  July  18, 1885.] 

226.  Appropriations  for  indigent  children.  1.  The  Boards 
of  Commissioners  in  the  several  counties  of  this  State  are  hereby 
authori/A'd  to  make  suitable  appropriations  for  the  education,  in 
the  common  school  branches  of  learning,  of  the  pauper  children 
of  their  respective  counties  whenever,  in  the  judgment  of  the 
Board  of  Commissioners,  justice  to  the  school  district  or  dis- 
tricts wherein   such   pauper  children  are 'kept  demands  such 
assistance;  and  all  expenditures  authorized  by  this  act,  shall  be 
made  and  paid  out  of  the  County  Treasury,  on  warrants  drawn 
by  the  Auditor  on  the  order  of  the  Board  of  Commissioners: 
/VowV/v/,  That  where  there  is  no  provision  for  a  matron,  or  an 
insufficient  number  of  children  to  require  the  services  of  a  ma- 
tron, or  the  establishment  of  a  separate  school  for  the  inmates 


204  SCHOOL   LAW   OF   INDIANA. 

of  such  asylums,  it  shall  be  the  duty  of  the  Board  of  Commis- 
sioners to  require  the  Superintendent  of  such  asylum  to  send 
such  children  to  the  township  schools.  (R.  S.  1894,  §  6033 ; 

R.  S.  1897,  §  6315.) 

[1869,  S.,  p.  40.    Approved  May  5, 1869,  and  in  force  August  16, 1869.1 

227.  Branches  taught.  147.  The  common  schools  of  the 
State  shall  be  taught  in  the  English  language ;  and  the  Trustee 
shall  provide  to  have  taught  in  them  orthography,  reading, 
writing,  arithmetic,  geography,  English  grammar,  physiology, 
history  of  the  United  States,  and  good  behavior,  and  such  other 
branches  of  learning  and  other  languages  as  the  advancement 
of  the  pupils  may  require  and  the  Trustees  from  time  to  time 
direct.  And  whenever  the  parents  or  guardians  of  twenty-five 
or  more  children  in  attendance  at  any  school  of  a  township, 
town  or  city  shall  so  demand,  it  shall  be  the  duty  of  the  School 
Trustee  or  Trustees  of  said  township,  town  or  city  to  procure 
efficient  teachers  and  introduce  the  German  language,  as  a 
branch  of  study,  in  such  schools ;  and  the  tuition  in  said  schools 
shall  be  without  charge :  Provided,  Such  demand  is  made  be- 
fore the  teacher  for  said  district  is  employed.  (R.  S.  1881, 
§4497;  R.  S.  1894,  §  5984;  B.  S.  1897,  §  6200.) 

1.  TRUSTEE'S  DUTY — MANDATE.     In  the  Circuit  Court  of  Johnson  County 
the  plaintiff  asked  for  a  writ  of  mandate  to  compel  the  defendants  to  have  their 
children  taught  algebra  and  Latin  in    an  ordinary  district  school.     The  court 
issued  the  mandate  in  regard  to  algebra,  and  refused  it  in  regard  to  Latin,  solely 
on  the  ground  that  the  plaintiffs  had  not  made  a  suitable  demand  on  the  Trustee 
in  regard  to  that  study,  holding  that  it  was  his  duty  to  cause  Latin  to  be  taught, 
if  the  attainments  of  the  pupils  required  it,  and  that  he  could  be  compelled  to  do 
so  by  suitable  proceedings.     The  court  argued  that  sections  4497  and  4499  were 
not  inconsistent  with  eaeh  other.     The  intent  of  the  Legislature  was  that  "other 
branches  of  learning  and  other  languages  "  should  be  taught  in  the  public  schools 
whenever  the  pupils  therein  were  sufficiently  advanced  in  the  elementary  brandies, 
and  in  order  that  the'legislative  intent  might  be  made  effective  two  modes  of  act- 
ing were  provided  for :     (t)  The  voters  were  empowered  to  act.     But,  lest  from 
any  cause  they  failed  in  their  duty  and  left  those  entitled  to  the  benefits  of  the 
public  schools  without  a  remedy,  then  (2)  the  School  Trustee  shall  act,  and,  they 
being  public  officers,  could  be  compelled  by  the  courts  to  perform  their  duty  in 
case  they  neglected  to  do  the  same. — Grubbs  v.  Williams,  Johnson  Co.,  1880. 

2.  ADDITIONAL  STUDIES.     It  has  been  asked  whether  it  is  the  duty  of  School 
Trustees  to  provide  a  course  of  study  adapted  to  the  preparation  of  pupils  for  col- 
lege.    The  question  should  be  answered  in  the  affirmative.     It  is  fair  to  assume 
that  the  Trustees  must  provide  suitable  instruction  for  all  the  children  who  have 


SCHOOL   LAW    OF   INDIANA.  205 

a  right  to  attend  school;  that  is,  they  must  afford  them  such  instruction  as  their 
attainments  demand.  If  a  child  has  mastered  all  the  primary  branches,  and  being 
less  than  twenty-one  years  of  age,  still  desires  to  attend  schools,  the  Trustees  must 
provide  suitable  instruction  for  him.  It  is  not  reasonable  to  expect  him  to  spend 
further  time  on  branches  which  he  has  mastered.  The  fact  that  the  law  permits 
children  to  attend  school  until  they  are  twenty-one  years  of  age  is  presumptive 
proof  that  the  Trustees  may  be  required  to  furnish  such  instruction  as  is  suitable 
to  their  attainments  till  they  reach  that  age.  I  think  the  argument  here  adduced 
equally  applicable  to  Trustees  in  cities  as  to  those  in  townships,  as  the  language 
of  the  statute  applies  to  botli  alike. 

3.  Music.     The  trustees  may  require  all  pupils  to  study  music,  to  provide 
themselves  with  a  certain  kind  of  music  books,  and  may  prohibit  the  attendance 
of  any  pupil  that  refuses  to  comply  with   such  requirement. — State  v.  Webber, 
108  Ind.  31. 

4.  LICENSE  FOR  TEACHERS  OF  SPECIAL  SUBJECTS.     When  a  teacher  is  em- 
ployed to  teach  special  subjects,  he  should  be  examined  only  on  the  subjects  he  is 
required,  to  teach. 

5.  STATUTE  CONSTRUED.     The  words  "  any  school "  means  any  place  where  a 
public  school  is  taught,  with  its  complement  of  teachers  and  scholars. — City  of 
Indianapolis  v.  State  ex  rd.  Sander,  129  Ind.  14. 

6.  GERMAN  MUST  BE  TAUGHT  WHEN  DEMAND  is  MADE.     Where  the  requisite 
demand  is  made  for  the  teaching  of  German  in  a  certain  school  of  the  city,  the 
requirement  of  the  statute  is  not  met  by  providing  that  the  language  shall  be 
taught  in  another  school  of  the  city  when  the  pupils  have  reached  a  certain  grade; 
but  it  must  be  taught  in  the  particular  school  where  the  demand  is  made.     And 
the  Board  can  not  set  up  a  lack  of  funds  as  an  excuse  for  their  refusal  to  intro- 
duce the  study  of  German,  where  it  appears  that  studies  not  named  in  the  statute 
as  required  studies  are  taught  at  an  expense  greater  than  would  be  necessary  for 
the  teaching  of  German. — Board  of  School  Commissioners  of  the  City  of  Indian- 
apolis r.  State  ex  rd.  Sander,  129  Ind.  14. 

[  1895,  p.  375.    Approved  March  14, 1895.    In  force  June  28, 1895.1 

228.    Effect  of  alcoholic  drinks  and  narcotics.    1.    The 

nature  of  alcoholic  drinks  and  narcotics  and  their  effects  on  the 
human  system  in  connection  with  the  subjects  of  physiology 
and  hygiene,  shall  be  included  in  the  branches  to  be  regularly 
taught  in  the  common  schools  of  the  State  and  in  all  educa- 
tional institutions  supported  wholly  or  in  part  by  money  re- 
ccMved  from  the  State;  and  it  shall  be  the  duty  of  the  Boards 
of  Education  and  boards  of  such  educational  institutions,  the 
township  trustees,  the  Board  of  School  Trustees  of  the  several 
cities  and  towns  in  this  State  to  make  provisions  for  such  in- 
struction in  the  schools  and  institutions  under  their  jurisdiction, 
and  to  adopt  such  methods  as  shall  adapt  the  same  to  the 
capacity  of  the  pupils  in  the  various  grades  therein  ;  but  it  shall 


206  SCHOOL   LAW   OF   INDIANA. 

be  deemed  a  sufficient  compliance  with  the  requirements  of  this 
section  if  provision  be  made  for  such  instruction  orally  only, 
and  without  the  use  of  text-books  by  the  pupils.  (R.  S.  1897, 
§  6201.) 

229.  Teachers  examined  concerning.    2.    No  certificate 
shall  be  granted  to  any  person  (on)  or  after  the  first  day  of 
July,  1895,  to  -teach  in  the  common  school  or  in  any  educational 
institution  supported  as  aforesaid  who  does  not  pass  a  satisfac- 
tory examination  as  to  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  their  effects  upon  the  human  system.     (R.  S.  1897, 
§  6118.) 

230.  Failure  to  teach  effects— Dismissal.     3.    Any  Super- 
intendent or  Principal  of,  or  teacher  in  any  common  school  or 
educational  institution  supported  as  aforesaid  who  willfully  re- 
fuses or  neglects  to  give  the  instruction  required  by  this  act 
shall  be  dismissed  from  his  or  her  employment.     (R.  S.  1897, 
§  6202.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

231.  Voters'  meeting — School  Director.    25.    The  voters 
shall  meet,  annually,  on  the  first  Saturday  in  October,  and  elect 
one  of  their  number  Director  of  such  school ;  who  shall,  before 
entering  upon  duty,  take  an  oath  faithfully  to  discharge  the 
same.     The  Director  so  elected  shall,  within  ten  days  after  said 
election,  notify  the  Trustee  of  his  election ;  and,  in  case  of  fail- 
ure to  elect,  the  Trustee  shall  forthwith  appoint  a  Director  of 
said  school.     But  any  Director  so  appointed  may  be  removed, 
upon  a  petition  of  three-fourths  of  the  persons  attached  to  said 
school  who  are  entitled  to  vote  at  school  meetings.     (R.  S.  1881, 
§4498;  R.  S.  1894,  §  5985;  R.  S.  1897,  §  6203.) 

1.  VOTERS  AT  SCHOOL  MEETINGS.     Voters  at  the  school  meetings  of  a  district 
are  all  taxpayers,  male  and  female,  except  married  women  and  minors,  who  have 
been  listed  as  parents,  guardians  or  heads  of  families,  and  attached  to  such  dis- 
trict.    Taxpayers  are  those  persons  who  are  liable  to  pay  taxes,  either  poll  or  upon 
property.     Any  voter  at  the  school  meeting,  a  woman  if  unmarried,  is  eligible  to 
the  office  of  Director. 

Transferred  persons  are  voters  in  the  district  to  which  they  are  attached. 
Persons  who  have  moved  into  the  district  since  the  enumeration  are  voters. 

2.  OFFICERS — ELECTED  AND  APPOINTED.     It  is  only  elected  officers  that  hold 
until  their  successors  are  elected  and  qualified.     An  appointee  to  fill  a  vacancy 
can  only  serve  out  the  unexpired  term. 


SCHOOL    LAW   OF    INDIANA.  207 

3.  LISTED  AND  ATTACHED.     To  be  "  listed  as  parents,  guardians  or  heads  of 
families"  means  that  the  Trustee  in  taking  the  enumeration  listed  them,  that  is, 
put  them  on  the  enumeration  list  or  report,  and  "attached,"  that  is,  assigned 
them  to  a  certain  district  for  school  purposes. 

4.  This  section  has  no  application  to  incorporated  towns  and  cities. — City  of 
Crawfordsville  v.  Hays,  42  Ind.  200. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

232.  Other  meetings— Powers.  26.  The  voters  at  school 
meetings  may  hold  other  school  meetings  at  any  time  upon  the 
call  of  the  Director  or  any  five  voters.  Five  days'  notice  shall 
be  given  of  such  meeting,  by  posting  notices  in  five  public  places 
in  the  vicinity ;  but  no  meeting  shall  be  illegal  for  want  of  such 
notice,  in  the  absence  of  fraud ;  and  the  legality  of  such  pro- 
ceedings, if  called  in  question,  shall  be  determined  by  the  Trustee 
of  the  township,  subject  to  an  appeal  to  the  County  Superin- 
tendent, whose  decision  shall  be  final.  Such  school  meetings 
shall  have  power  to  determine  what  branches,  in  addition  to 
those  mentioned  in  section  thirty-four  of  this  act  [§  74],  they  desire 
shall  be  taught  in  such  school,  and  the  time  at  which  such  school 
shall  be  taught :  Provided,  however,  That  the  tuition  revenue 
apportioned  to  the  school  shall  be  expended  within  the  school 
year  for  which  it  was  apportioned:  Provided,  further,  That  such 
school  year  shall  begin  on  the  first  Monday  of  July.  Such  school 
meetings  shall  likewise  have  the  power  to  fill  vacancies  that 
may  occur  in  the  office  of  Director ;  to  direct  such  repairs  as 
they  may  deem  necessary  in  their  school  house ;  to  petition  the 
Township  Trustee  for  the  removal  of  their  school  house  to  a 
more  convenient  location,  for  the  erection  of  a  new  one,  or  the 
sale  of  an  old  one  and  the  lands  belonging  thereto,  and  upon 
any  other  subject  connected  therewith;  and  at  such  meetings 
all  taxpayers  of  the  district  shall  be  entitled  to  vote,  except 
married  women  and  minors :  Provided,  That  nothing  herein 
contained  shall  prevent  the  Trustee  from  exercising  a  sound 
discretion  as  to  the  propriety  or  expediency  of  making  such 
repairs,  removing  or  erecting  school  houses,  and  the  cost  thereof. 
(R,  S.  1881,  §  4499 ;  E.  S.  1894,  §  5986 ;  R.  S.  1897,  §  6204.) 

1.  SCHOOL  MEETINGS  IN  CITIES.  The  machinery  of  school  meetings  and 
School  Directors  is  unprovided  for  and  unknown  in  cities  and  towns. — City  of 
Crawfordsville  v.  Hays,  42  Ind.  200. 


208  SCHOOL   LAW   OF   INDIANA. 

2.  APPEAL  TO  COUNTY  SUPERINTENDENT— LOCATION  OF  SCHOOL  HOUSE.    An 
appeal  lies  in  the  matter  of  locating  a  school  house  from  the  decision  of  the  Town- 
ship Trustee  to  the  County  Superintendent,  and  the  decision  of  the  Superintend- 
ent is  final,  although  not  entered  in  the  Superintendent's  record  until  after  it  is 
made.     On  such  an  appeal  the  Superintendent  may  affirm  or  revoke  the  decision 
of  the  Trustee  to  build  or  not  build  at  a  certain  place ;  but  he  can  not  direct  that 
the  school  house  be  built  in  an  entirely  different  place. — Knight  v.  Woods,  129 
Ind.  101. 

3.  OWNERSHIP  OF   LAND.     A  Township  Trustee  can   not,  by  mandate,  be 
required  to  locate  and  build  a  school  house  on  land  that  does  not  belong  to  the 
township,  notwithstanding  the  County  Superintendent,  on  an  appeal  from  his 
decision,  has  rendered  a  judgment  requiring  him  to  erect  a  school  house  on  said 
land.     It  is  not  enough  that  a  petition  by  certain  inhabitants  of  the  proper  school 
district  to  the  Trustee,  praying  for  such  location  and  building,  states  that  the  land 
will  be  deeded  to  the  township  on  the  acceptance  of  the  location  by  the  Trustee 
and  his  order  to  build. — Koontz  v.  State,  44  Ind.  323. 

4.  APPEAL  —  EEVERSAL  —  LOCATION  —  PRIVATE  BUILDINGS.     On  appeal,  a 
County  Superintendent  reversed  the  decision  of  the  Trustee,  locating  a  school 
house.     Again,  on  appeal,  he  reversed  another  decision  by  such  Trustee,  refusing 
to  locate  the  school  house  at  a  place  designated  by  the  Superintendent  in  his  first 
reversal.     Thereupon  the  Trustee  located  the  house  at  an  entirely  different  place, 
but  near  (150  yards  from)  where  he  had  first  located  it.     The  court  decided  that 
he  could  not  be  prohibited  from  locating  the  school  house  at  the  place  last  chosen, 
and  that  the  County  Superintendent  can  not  make  the  location,  and  that  his 
decision  on  appeal  is  final  only  for  the  time. — State  v.  Mewhinney,  67  Ind.  397. 
(This  case  overrules  Trager  v.  State,  21  Ind.  317,  and  State  v.  Custer,  11  Ind.  210, 
on  this  point.) 

5.  PRIVATE  SCHOOLS.     The  facts  in  this  case  were  that  the  legal  voters  and 
patrons  of  school  district  No.  16  held  a  meeting,  and  by  resolution  requested  the 
Township  Trustee  to  fit  up  an  additional  school  room  and  procure  a  teacher  for 
said  room.     The  Trustee  declined  to  comply,  and  an  appeal  was  taken  to  the 
County  Superintendent,  who  reversed  the  Trustee's  decision.     This  action  was  by 
mandate  to  compel  the  Trustee  to  comply  with  the  request.    The  Trustee  answered 
that  the  land  whereon  the  said  school  had  been  conducted  did  not  belong  to  the 
township,  but  was  individual  property,  which  had  not  been  leased  or  otherwise 
secured  by  the  township;  that  said  district  never  had  a  school  building;    that 
other  schools  had  been  established,  and  an  arrangement  made  to  accommodate 
the  children  of  No.  16,  which  had  been  abolished.     The  complaint,  it  was  decided, 
stated  no  cause  of  action.    The  statutes  permitting  the  voters  to  hold  school  meet- 
ings and  direct  the  repairs,  etc.,  of  the  school  buildings  has  only  reference  to 
public  schools.     The  statute  has  no  reference  to  private  schools,  nor  to  private 
buildings  of  any  kind  not  leased  to  the  township  for  school  purposes.    Where  the 
voters  direct  repairs  to  be  made  elsewhere  than  the  public  school  building,  the 
Trustee  has  no  right  to  obey,  and  the  decision  of  the  County  Superintendent 
otherwise  is  a  nullity.     The  Trustee  had  authority  to  abolish  No.  16  and  provide 
other  educational  facilities  for  the  children  thereof.     State  v.  Sherman,  90  Ind. 
123;  Tufts  v.  State,  119  Ind.  232. 

6.  DECISION  OF  COUNTY   SUPERINTENDENT    FINAL.     The    decision    of    the 
County  Superintendent  is  final  as  to  the  location  selected  by  the  Trustee. — Knight 
v.  Woods,  129  Ind.  101.     See  note  2. 


SCHOOL   LAW   OF   INDIANA.  209 

7.  NOTICE  is  JURISDICTIONAL.     Until  the  notices  provided  for  have  all  been 
given  and  posted  as  required,  giving  the  time,  place  and  purpose  of  the  meeting, 
the  meeting  will  be  illegal. 

8.  PLURALITY  WILL  CONTROL.     In  this  country  it  is  generally  understood 
that,  in   the   absence   of    any  statutory   provision  expressly   requiring  more,  a 
plurality  of  the  votes  cast  will  elect. 

9.  DISCRETION  OF  TRUSTEE.     The  question  as  to  where   a  township  school 
house  shall  be  located,  is  left  to  the  discretion  of  the  School  Trustee.— Braden  v. 
McNutt,  114  Ind.  214. 

10.  REMOVAL — STATUTE  REPEALED.     So  much  of  the  above  statute  as  relates 
to  the  relocatiny  or  n-mortil.  of  a  school  house  has  been  repealed  by  sections  233,  234 
and  235. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

233.  Estimates  of  expenses.  27.  When  such  meetings  shall 
petition  the  Trustee  in  regard  to  repairs,  removal  or  erection 
of  a  school  house,  they  shall  also  furnish  to  such  Trustee  an 
estimate  of  the  probable  cost  of  such  repairs,  removal  or  erec- 
tion. (R.  S.  1881,  §  4500 ;  R.  S.  1894,  §  5987 ;  R.  8. 1897,  §  6205.) 

1.  PETITION  OF  PATRONS.     A  petition  for  the  location,  etc.,  of  a  school  house 
may  be  signed  and  presented  to  the  Trustee,  and  an  appeal  taken  therefrom, 
although  such  petition  did  not  originate,  nor  was  it  signed,  at  a  school  meeting. — 
Trager  v.  State,  21  Ind.  317. 

2.  SUBSCRIPTION— LIABILITY.     Where  citizens  of  a  school  township  petition 
for  the  location  of  a  school  district  and  the  erection  of  a  school  house  therein, 
designating  the  size  of  the  house,  location,  etc.,  and  subscribing  sums  of  money  to 
aid  in  its  construction,  to  be  paid  when  the  walls  are  erected  to  the  square,  and 
the  subscription  is  accepted  by  the  Trustee,  before  the  amounts  subscribed  can  be 
recovered,  the  school  township  must  substantially  comply  with  the  terms  of  the 
subscription. — Suit  v.  Warren  School  Township,  8  Ind.  App.  655. 

3.  INJURY  TO  PUPIL  BY  REASON  OF  DEFECT  IN  SCHOOL  HOUSE.     Neither  a 
school  city,  town  nor  township  is  liable  to  a  pupil  (or  any  other  person)  for  an 
injury  occasioned  by  a  defect  in  a  school  house,  although  such  defect  could  have 
been  repaired  and  the  injury  prevented. — Freel  v.  School  City  of  Crawfordsville, 
142  Ind.  27. 

[1893,  p.  17.    Approved  February  7,  and  in  force  May  18, 1893 J 

234.  Changing  site  of  school  house.  1.  Whenever  it 
becomes  necessary  for  the  Trustee  of  any  township  in  this  State 
to  change  and  re-establish  the  site  of  any  school  building  and 
remove  said  building  to  a  new  site  and  location  therefor,  such 
Trustee  shall  first  present  to  the  County  Superintendent  of 
Schools  of  the  county  in  which  such  township  is  situated,  a 
petition  setting  forth  therein  the  place  and  particular  point  to 
where  it  is  desired  to  change  and  relocate  the  site  of  any  such 
building,  arid  to  remove  the  same  thereto,  together  with  a  brief 
14— Sen.  LAW. 


210  SCHOOL    LAW    OF    INDIANA. 

statement  of  the  purposes  and  reasons  for  such  proposed  change 
of  location  of  said  school  building,  and  upon  such  petition  shall 
first  procure  an  order  from  such  County  Superintendent,  author- 
izing him  to  change  the  site  and  location  of  such  school  build- 
ing, and  remove  said  building  to  its  new  site  and  location: 
Provided,  That  said  petition  shall  be  signed  by  said  Trustee  and 
the  majority  of  the  patrons  of  the  school  where  said  building 
is  located,  and  satisfactory  proof  shall  be  made  to  said  County 
Superintendent  that  the  persons  signing  said  petition  constitute 
a  majority  of  the  patrons  of  said  school.  (R.  S.  1894,  §  5920  a; 
R.  S.  1897,  §  6219.) 

1.  DISCONTINUING.     This  and  the  next  section  have  no  reference  to  the  dis- 
continuance of  a  school  in  a  certain  district  on  account  of  the  small  attendance 
of   pupils.  —  Davis  v.  Mendenhall,    150  Ind.   205.    If  a  Trustee,    acting  in  good 
faith,  discontinue  a  school  when  the  attendance  is  less  than  twelve,  his  decision 
will  not  be  reviewed  by  the  county,  and  he  can  not  be  compelled  to  reinstate  it. 
Tufts  v.  State,  119  Ind.  232;  State  t?.  Sherman,  90  Ind.  123. 

2.  DISCRETION  OF  TRUSTEE.     The  Trustee  no  longer  has  any  discretion  in 
the  removal  and  relocation  of  a  school,     Kessler  v.  State,  146  Ind.  221. 

3.  NEW  SCHOOL-HOUSE  IN  NEW  LOCATION.     The  above  section  also  applies 
to  the  building  of  a  new  school-house  in  a  new  location.     Kessler  v.  State,  146 
Ind.  221. 

4.  REDISTRICTING  TOWNSHIP.    The  above  section  does  not  prevent  the  Town- 
ship Trustee  redistricting  his  township  for  school  purposes,  nor  abolishing  school 
districts,  when  no  new  school-houses  are  built,  or  the  sites  of  those  already  exist- 
ing in  districts  not  abolished,  are  not  changed.     State  v.  Wilson,  149  Ind.  253. 

5.  MAJORITY  MUST  SIGN.     A  majority  of  the  patrons  must  sign  the  petition, 
or  the  action  of  the  County  Superintendent  will  be  void.     Carnahan  v.  State,  155 
Ind. ;  same  case,  57  N.  E.  Rep.  717. 

6.  PETITIONER   SIGNING   PROTEST  AGAINST  CHANGE.     If  a  petitioner  for  a 
change  signs  a  protest  against  such  change,  he  thereby  withdraws  his  name  from 
the  petition.     Carnahan  v.  State,  155  Ind.  156;    same  case,  57  N.  E.  Rep.  717. 

235.  Notice  of  petition  to  change.  2.  Before  such 
County  Superintendent  shall  grant  such  order  such  Trustee 
shall  make  and  file  with  said  Superintendent  his  affidavit  that 
he  has  caused  notice  to  be  given  of  such  petition,  the  purposes 
thereof,  the  place  of  the  change  of  location  of  such  school 
building,  and  the  time  when  the  same  will  be  presented  to  the 
said  County  Superintendent  by  posting  notices  in  not  less  than 
five  public  places  in  his  township,  three  of  which  shall  be  in  the 
immediate  neighborhood  from  where  such  school  building  is  to 
be  removed,  at  least  twenty  days  prior  to  the  time  when  the 
same  is  to  be  heard  by  said  County  Superintendent.  (R.  S.  1894, 
§  5920b;  R.  S.  1897,  §  6220.)' 


SCHOOL    LAW    OF    INDIANA.  211 

236.  Misdemeanors.     3.     The   Trustee    of   any  township 
in  this  State  violating  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  fifty  nor  more  than  five  hundred  dol- 
lars.    (R.  S.  1894,  §  5920c;  R.  S.  1897,  §  6221.) 

[1891,  p.  111.    Approved  and  in  force  March  5, 1891.] 

237.  Doors  must  swing  outward.    243.    Whoever,  being 
the  owner,  manager,  lessee,  trustee,  or  person  having  the  charge 
of  any  theater,  opera-house,  museum,  college,  seminary,  church, 
school-house,  or  other  public  building,  refuses  or   neglects  to 
cause  all  the  doors  thereof,  constructed  for  the  purpose  of  in- 
gress and  egress,  whether  inner  or  outer  doors,  to  be  so  hung 
that  the  same  shall  swing  outwardly,  shall  be  fined  in  any  sum 
not  exceeding  one  thousand  dollars  nor  less  than  ten  dollars, 
to  which  may  be  added  imprisonment  in  the  county  jail  for  any 
period  not  exceeding  six  months:     Provided,  That  this  section 
shall  not  apply  to  the  outer  doors  of  one-story  churches  and 
school  houses.     (R.  S.  1894,  §  2276;  R.  S.  1897,  §  2312.) 

1.  FIRE  ESCAPES.  An  act  of  1899  now  provides  "that  every  building  now 
or  hereafter  used,  in  whole  or  part,  as  *  *  a  school  house  *  *  shall  be  pro- 
vided with  proper  ways  of  egress  or  means  of  escape  from  fire,  sufficient  for  the 
use  of  all  persons  accommodated  [or]  assembled,  and  such  ways  of  egress  and 
means  of  escape  shall  be  kept  free  from  obstruction,  in  good  repair  and  ready  for 
use  at  all  times,  and  all  rooms  above  the  second  story  in  such  buildings  shall  be 
provided  with  more  than  one  way  of  egress  or  escape  from  fire,  placed  as  near  as 
practicable  at  opposite  ends  of  the  room,  and  leading  to  fire  escapes  on  the  outside 
of  such  building  or  to  stairways  on  the  inside  provided  with  proper  railings.  All 
external  doors  subject  to  the  provisions  of  this  section  shall  open  outward,  and  all 
windows  open  outward  or  upward.  No  portable  seats  shall  be  allowed  in  the 
aisles  or  passageways  of  such  buildings  during  any  entertainment  or  service  held 
therein."  Buildings  three  stories  in  height  must  have  fire  escapes  on  the  outside. 
—Acts  1899,  p.  473. 

[1883,  p.  30.    Approved  February  27, 1883,  and  in  force  June  5, 1883.] 

238.  Teachers,  employment  and  dismissal.     28.    Trus- 
tees shall  employ  no  person  to  teach  in  any  of  the  common 
schools  of  the  State  of  Indiana,  unless  such  person  shall  have  a 
license  to  teach,  issued  from  the  proper  State  or  county  author- 
ity, and  in  full  force  at  the  date  of  the  employment.      Any 
teacher  who  shall  commence  teaching  any  such  school  without 
a  license,  shall  forfeit  all  claim  to  compensation  out  of  the  school 

for  tuition  for  the  time  he  or  she  teaches  without  such 


212  SCHOOL   LAW    OF    INDIANA. 

license ;  but  if  a  teacher's  license  shall  expire  by  its  own  limita- 
tion within  a  term  of  employment,  such  teacher  may  complete 
such  term  of  employment  within  the  then  current  year.  The 
said  Trustee  shall  not  employ  any  teacher  whom  a  majority  of 
those  entitled  to  vote  at  school  meetings  have  decided  at  any 
regular  school  meeting,  they  do  not  wish  employed ;  and  at  any 
time  after  the  commencement  of  any  school,  if  a  majority  of 
such  voters  petition  such  Trustee  that  they  wish  the  teacher 
thereof  dismissed,  such  Trustee  shall  dismiss  such  teacher,  but 
only  upon  due  notice,  and  upon  good  cause  shown ;  but  such 
teacher  shall  be  entitled  to  pay  for  services  rendered.  (R.  S. 
1894,  §  5988 ;  R.  S.  1897,  §  6206.) 

1.  LICENSE  ESSENTIAL.     A  valid  contract  for  the  teaching  of  a  public  school 
can  not  be  made  by  a  Trustee  with  one  who,  at  the  time,  has  no  license  to  teach 
in  the  county,  and  the  subsequent  procurement  of  a  license  does  not  validate  the 
contract. — Butler  v.  Haines,  79  Ind.  575.     And  a  person  can  neither  recover  com- 
pensation for  services  rendered  as  teacher,  nor  damages  for  breach  of  contract  for 
such  services,   unless  he  was  licensed  to  teach  as  prescribed  by  the  statutes. — 
Jackson  School  Township  y.  Farlow,  75  Ind.  118.     See  also  Harrison  Township  v. 
Conrad,  26  Ind.  337,  and  Putnam  v.  School  Town  of  Irvington,  69  Ind.  80.     In  a 
suit  against  the  school  corporation  for  services  rendered  or  to  be  rendered,  it 
must  be  stated  in  the  complaint  that  the  teacher  had  a  license  to  teach  when  he 
rendered  the  services  or  entered  into  the  contract. — Bedford,  etc.,  Co.  v.  McDonald, 
12  Ind.  App.  621. 

2.  TEACHERS'  CONTRACTS.     A  contract  to  teach  school,  which  is  left  blank  in 
respect  to  the  terms  of  employment,  and  contains  no  stipulation  as  to  how  the 
blanks  shall  thereafter  be  filled  is  not  binding;  but  if  treated  as  a  contract  of  em- 
ployment for  an  indefinite  time  the  damages  for  its  breach  would  be  nominal 
only. — Atkins  v.  Van  Buren  School  Township,  77  Ind.  447;  Marion  School  Town- 
ship -y.  Carpenter,  12  Jnd.  App.  191. 

The  fact  that  a  Trustee  has  no  funds  is  no  defense  to  a  teacher's  claim  for 
compensation,  nor  an  excuse  for  refusing  to  allow  him  to  complete  his  term  of 
employment. — Harmony  School  Township  v.  Moore,  80  Ind.  276. 

The  court,  after  a  failure  to  make  the  money  on  execution,  may  order  the 
judgment  in  favor  of  the  teacher  to  be  paid  out  of  the  school  funds  of  the  town- 
ship in  the  county  treasury. — Town  of  Milford  v.  Simpson,  11  Ind.  520. 

A  teacher  of  a  common  school  is  entitled  to  compensation,  if  failure  to  actu- 
ally conduct  the  school  each  day  of  the  term  was  caused  by«the  act  or  omission 
of  the  school  authorities ;  and  where  the  evidence  shows  that  a  strict  performance 
by  the  teacher  of  the  conditions  of  the  contract  has  been  prevented  or  waived  by 
such  act  or  omission,  a  recovery  can  not  be  defeated  by  such  failure. — Charles- 
town  School  Township •  v.  Hay,  74  Ind.  127. 

To  recover  for  his  services,  the  teacher  must  sue  the  school  township,  and  not 
the  civil  township. — Harrison  Township  v.  McGregor,  67  Ind.  380.  If  the  con- 


SCHOOL   LAW   OF   INDIANA.  213 

tract  be  with  the  "Township  Trustee,"  the  contract  may  be  reformed  by  alleging 
and  proving  that  it  was  with  the  school  township,  and  when  so  reformed  it  may 
be  enforced.— Sparta  School  Tp.  v.  Mendell,  138  Ind.  188. 

If  the  number  of  days  to  be  taught  be  left  blank,  the  actual  number  agreed 
upon  may  be  shown  by  oral  evidence,  in  a  suit  on  the  contract  for  a  breach  of  its 
terms. — Marion  School  Tp.  v.  Carpenter,  12  Ind.  App.  191. 

3.  SIGNING  CONTRACT.     Where  a  School  Board  in  session  passed,  and  en- 
tered of  record,  an  order  employing  a  teacher,  this  was  a  valid  employment,  and 
the  subsequent  signing  by  the  Trustees  at  different  times  can  not  affect  it. — School 
Town  of  Milford  v.  Zeigler,  1  App.  138. 

4.  PROTEST  AGAINST  TEACHER.     A  protest  against  a  teacher,  to  be  binding, 
must  be  made  at  a  school  meeting  regularly  called  and  conducted  according  to 
law  before  the  employment  of -the  teacher,  and  by  a  majority  of  all  the  persons 
entitled  to  a  vote  at  such  meeting,  not  merely  a  majority  of  those  present.     The 
persons  entitled  to  vote  at  the  school  meeting  of  a  district  are  all  tax  payers,  male 
and  female,  except  married  women  and  minors,  who  have  been  listed  by  Trustees 
as    parents,    guardians,    or   heads   of    families,    and   attached   to   such  district. 
(>/  2:>1  n.  1.)     The  patrons  are  by  law  entitled  to  protest  against  the  employment  of 
any  teacher.     It  is  the  Trustee's  duty  to  allow  them  an  opportunity  to  make  their 
protest  in  the  manner  provided  by  law,  and,  if  he  is  notified  that  a  school  meeting 
will  be  called  for  that  purpose,  any  contract  he  may  make  with  a  teacher  will  be 
subject  to  the  action  of  such  meeting.     Patrons  are  not  empowered  to  select  teach- 
er- (#  108,  n.  2),  and  they  can  not  effect  a  selection  indirectly  by  protesting  against 
all  the  world  except  a  certain  person.     The  protest  must  name  definitely  the  per- 
son or  persons  against  whom  it  is  directed. 

5.  DISMISSAL  OF  TEACHERS.     A  teacher  employed  for  a  definite  time  may  be 
discharged  for  incompetency ;  but  if  he  is  competent,  and  is,  in  all  things,  fulfill- 
ing his  contract,  he  can  not  be,  without  his  consent. — School  City  of  Crawfordsville 
v.  Hays,  42  Ind.  200.     But  when  the  teacher  is  improperly  discharged,  the  school 
corporation,  not  the  Trustees  personally,  is  liable. — Morrison  v.  McFarland,  51  Ind. 
200 :  Butler  / .  1  laines,  79  Ind.  575.     If  a  teacher  be  employed  to  teach  a  particular 
school,  and  lie  is  not  permitted  to  do  so,  it  is  no  defense  in  a  suit  for  a  breach  of  con- 
tract, that  lie  was  offered  another  school  in  the  same  township,  unless  it  be  shown 
that  the  conditions  and  number  of  children  at  the  latter  were  such  that  it  would  cer- 
tainly not  be  discontinued  before  the  other. — Sparta  School  Tp.  v.  Mendell,  138 
Ind.  188. 

This  in  the  language  of  the  Supreme  Court,  and,  although  made  with  refer- 
ence to  a  city,  is  an  enunciation  of  the  common  law  principal,  and  is,  I  think,  ap- 
plicable to  the  case  of  dismissal  of  a  teacher  by  a  Township  Trustee^  without  a 
petition  from  the  patrons.  If  the  teacher  breaks  the  contract,  it  seems  to  me  that 
the  Trustee  should  not  be  bound  by  it.  The  law  requires  the  Trustee  to  investigate 
charges  made  against  a  teacher  by  a  majority  of  the  voters  of  the  district,  but  it  is 
held  that  he  may  investigate  charges  made  by  any  number  of  responsible  patrons. 
The  decision  of  the  Supreme  Court,  upon  an  analagous  question,  in  Thager  v. 
State,  21  Ind.  317,  justifies  this  opinion. 

6.  HOLIDAYS.     Recognized  holidays  can  not  be  deducted  from  the  time  for 
which  a  school  teacher  contracts  to  teach,  and   his  pay  reduced  accordingly.     He 
is  entitled  to  pay  for  such  days,  even  though  he  does  not  teach. 


214  SCHOOL  LAW  OF  INDIANA. 

7.  IN  CITIES  AND  TOWNS.     The  latter  part  of    this  section  (concerning  the 
power  of  school  meetings  and  the  employment  and  discharge  of  teachers)  has  no 
application  to  cities  and  incorporated  towns.    But  if.  in  such  cities  and  towns,  the 
teacher  be  incompetent,  or  fail  in  the  duties  of  teacher,  he  may  be  dismissed  by 
the  School  Trustee.  —School  City  of  Crawfordsville  v.  Hays,  42  Ind.  200 ;  Put- 
nam v.  School  Town  of  Irvington,  69  Ind.  80. 

8.  UNLICENSED  PERSON  MAY  RECOVER  REASONABLE  WAGES.     If  a  Trustee 
permits  an  unlicensed  person  to  begin  teaching,  and  pays  such  person  out  of  the 
tuition  revenue,  the  amount  so  paid  may  be  recovered  by  any  person  interested. 
County  Commissioners  should  allow  no  credit  for  money  so  paid.     But  a  person 
so  permitted  to  teach  may  enforce  the  payment  of  reasonable  compensation  from 
the  Trustee  as  an  individual. — Morrison  v.  McFarland,  51  Ind.  206. 

9.  CONTRACT  MUST  NOT  CONFLICT  WITH  LAW.     A  contract  with  a  teacher 
must  not  conflict  with  the  law  in  any  particular. — Atkinson  v.  Allen,  29  Ind.  375; 
Rafert  v.  Scroggins,  40  Ind.  195;  Spears  v.  Wood,  48  Ind.  541.     A  teacher  con- 
tracts with  reference  to  the  statute.— Owen  School  Township  v.  Hay,  107  Ind.  351. 

10.  EPIDEMICS— No  REDUCTIONS  FROM  TEACHERS'  SALARY  FOR  TIME  LOST  BY 
REASON  OF.     Small-pox  is  not  actus  Dei  in  such  a  sense  as  to  excuse  a  school  dis- 
trict from  liability  on  a  contract  with  a  teacher,  the  performance  of  which  the 
district  has  prevented  by  closing  the  school.     The  act  of  God  which  will  release 
one  from  the  obligation  of  a  contract  is  one  which  renders  its  performance  im- 
possible.—School  Town  of  Carthage  v.  Gray,  10  Ind.  App.  428. 

11. — CONTRACT  WITH  DE  FACTO  BOARD  BINDING  UNLESS  FRAUD  is  PROVEN. 
When  Trustees,  with  the  acquiescence  of  the  town,  continue  to  act  as  such,  after 
the  expiration  of  their  term  and  before  their  successors  are  appointed,  they  are 
officers  de  facto,  and  their  contract  with  a  teacher  is  binding.  Such  contract  can 
not  be  assailed  by  their  successors  subsequently  appointed,  when  it  is  not  alleged 
and  proven  that  the  teacher  was  a  party  to  the  fraud  to  forestall  them. — School 
Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138. 

12.  EMPLOYMENT  OF  TEACHER.     A  finding  that  the  plaintiff  was  employed 
as  a  teacher  by  K.,  who  was  at  the  time  Trustee  of  the  township,  sufficiently 
shows  that  the  employment  was  by  the  School  Trustee,  the  Township  Trustee  be- 
ing ex  offido  School  Trustee. — White  v.  Kellog,  119  Ind.  320.     But  this  would  not 
be  so  of  incorporated  towns,  as  they  have  a  Board  of  Civil  Trustees  and  a  Board 
of  School  Trustees. 

13.  ABOLISHING  DEPARTMENT  DOES  NOT  AFFECT  CONTRACT.    A  teacher  is  not 
discharged  by  abolishing  the  department  in  which  he  is  engaged,  or  removing  him 
to  another  and  lower  grade. — School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138; 
27  N.  E.  Rep.  303;  White  v.  Kellogg,  119  Ind.  320. 

14.  CASH  ADVANCED  TO  TEACHERS.     A  Township  Trustee  who,  in  good  faith, 
employs  necessary  and  proper  teachers,  and  when  it  is  unexpectedly  found  that 
the  public  funds  provided  are  insufficient  to  pay  them  in  full,  advances  the  deficit 
out  of  his  own  money,  has  a  demand  against  the  school  township  which  he  may 
recover.— Kiefer  v.  Troy  School  Township,  102  Ind.  279. 

15.  INJUNCTION  TO  RESTRAIN  EXECUTION  OF  CONTRACT.     A  Board  of  School 
Trustees  can  not  be  enjoined  from  violating  its  contract  with  a  person  for  his  per- 
sonal services  as  a  teacher. — Schwier  v.  Zetike,  136  Ind.  210. 


SCHOOL    LAW   OF    INDIANA.  215 

16.  SLANDER— CHARGE  THAT  TEACHER  is  CRUEL.     A  Couiity  Superintendent 
and  a  Township  Trustee  are  not  liable  for  falsely  charging  a  teacher  with  cruelty, 
incompetency  and  neglect  in  the  exercise  of  his  duties,  if  they  act  in  good  faith. 
— Branaman  v.  Hinkle,  137  Ind.  496. 

17.  DISMISSAL  WITHOUT  CAUSE.     School  Trustees  can  not  dismiss  a  teacher 
without  cause,   even  before  the  commencement  of  the  term  of  service  specified  in 
the  contract  under  a  provision  in  such  contract  that  the  employment  is  subject  to 
the  right  of  the  Trustee  to  remove  the  teacher  at  any  time  upon  notice  first  given. 
—School  City  of  Lafayette  v.  Bloom,  17  Ind.  App.  461. 

18.  VOTE  OF  DISTRICT  NOT  TO  EMPLOY.     If  the  patrons  of  a  district  at  a  law- 
ful school  meeting  vote  that  a  certain  person  shall  not  be  employed,  the  Trustee 
can  not  thereafter  employ  such  person ;  and  he  may  be  enjoined  and  prevented 
from  entering  into  a  contract  with  him.     If  an  appeal  be  taken  to  the  County 
Superintendent  on  such  question,  his  decision  will  bind  the  Trustee. — O'Brien  v. 
Moss,  131  Ind.  99. 

[1899,  p.  173.    Approved  February  28, 1899;  in  force  April  28, 1899.] 

239.  Teachers'  contracts  to  be  in  writing.    1.    All  con- 
tracts hereafter  made  by  and  between  teachers  and  school  cor- 
pora-tions  of  the  State  of  Indiana  shall  be  in  writing,  signed  by 
the  parties  to  be  charged  thereby,  and  no  action  shall  be  brought 
upon  any  contract  not  made  in  conformity  to  the  provisions  of 
this  act. 

1.  FORMER  LAW.     Until  this  law  was  adopted,  a  verbal  contract  was  valid. 
—Jackson  School  Township  r.  Sherer,  8  Ind.  App.  330. 

2.  NOTE.     See  Sec.  230,  note  2. 

240.  Blanks  to  be  uniform.     2.    For  the  purpose  of  car- 
rying this  act  into  effect  the   School  Trustees  of  the  several 
school  corporations  of  this  State  shall  provide  a  public  record 
of  uniform  blank  contracts  to  be  carefully  worded  under  the 
direction    of  the    Superintendent   of    Public   Instruction,  and 
cause  such  contracts  to  be  signed  therein,  which  record  shall  be 
deemed  a  public  record,  open  to  inspection  by  the  people  of 
their  several  school  corporations. 

[1901,  p.  561.    Approved  March  12, 1901.    In  force  May,  1901.J 

241.  Teachers' daily  wages.    1.   The  daily  wages  of  teach- 
ers for  teaching  in  the  public  schools  and  attending  county  and 
township  institutes  shall  not  be  less  than  an  amount  determined 
by  multiplying  two  and  one-half  cents  (2J  cents)  by  the  general 
average  of  scholarship   and  success  given   the  teacher  on   his 


216  SCHOOL    LAW    OF    INDIANA, 

highest  grade  of  license  at  the  time  of  contracting :  Provided, 
That  only  the  general  average  of  scholarship  shall  be  used  in 
determining  the  wages  of  beginning  teachers. 

242.  Penalty  against  school  officers.    2     School  officers 
who  shall  be  adjudged  guilty  of  violating  any  of  the  provisions 
of  this  act  shall  be  lined  in  any  amount  not  exceeding  one  hun- 
dred dollars  ($100)  for  each  offense. 

[1893,  p  34.    Approved  and  in  force  February  17, 1893.] 

242a.  Terms  for  which  teachers  may  be  employed.  After 
the  passage  of  this  act  it  shall  be  unlawful  for  any  Township 
Trustee  to  contract  with  any  teacher  to  teach  in  any  common 
school  if  the  actual  term  of  service  of  such  teacher  under  such 
contract  does  not  begin  before  the  expiration  of  the  term  of 
office  of  such  Trustee.  Every  contract  made  in  violation  of  the 
provisions  of  this  section  shall,  as  to  the  township  represented 
by  such  Trustee,  and  the  school  fund  thereunto  belonging,  bo 
absolutely  void ;  but  such  Trustee  shall  be  personally  liable  to 
such  teacher  for  all  services  rendered  under  such  contract,  and 
for  all  damages  which  he  may  sustain  by  reason  thereof.  (R.  S. 
1894,  §  5989 ;  E.  S.  1897,  §  6207.) 

1.  CONTRACT  OF  PREDECESSOR.     A  School  Trustee  can  not  ignore  his  prede- 
cessor's contract  because  of  mere  formal  and  technical  errors. — Sparta  School 
Tp.  v.  Mendell,  138  Ind.  188. 

2.  CONTRACTS  BEFORE  1893.     Prior  to  the  passage  of  the  above  section  a 
contract  by  a  retiring  Township  Trustee  was  valid,  although  the  term  of  school 
did  not  begin  until  after  such  Trustee's  successor  had  come  into  his  office.— School 
Town  of  Milford  v.  Zeigler,  1  Ind.  App    138;  Reubelt  v.  School  Town  of  Nobles- 
ville,  106  Ind.  478;  Litten  v.  Wright  School  Tp.,  1  Ind.  App.  92.    As  to  sufficiency 
of  a  complaint  in  an  action  by  a  teacher  for  pay  for  his  services,  see  School  Town 
of  Kochester  v.  Shaw,  100  Ind.  268,  and  Owen  School  Tp.  v.  Hay,  107  Ind.  351. 

[1865,  S.,  p.  143.    Approved  and  in  force  December  20, 1865.] 

243.  Special  examination.     35.    If  the  persons  attached  to 
and  forming  a  school  district  have,  at  their  school  meeting, 
designated  other  or  a  less  number  of  branches  of  learning  than 
those  in  section  thirty-four  of  this  act  (§  77)  mentioned,  which 
they  desire   to   have   taught  in  their  school,  the  Trustee,  in 
employing  a  teacher  for  said  school,  shall  require  said  teacher 
to  be  examined  as  to  his  qualifications  tQ  teach  the  branches 


LAW   OF   INDIANA.  217 

of  learning  required  by  said  school  meeting.     (E.  S.  1881,  §  4502 ; 
E.  S.  1894,  §  5990 ;  E.  S.  1897,  §  6208.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.1 

244.  Director's  duties.     29.     The  Director  of  each  school 
shall   preside    at   all   meetings   of    the    inhabitants    connected 
therewith,  and  record  their  proceedings.     He  shall  also  act  as 
the  organ  of  communication  between  the  inhabitants  and  the 
Township  Trustee.    (E,  S.  1881,  §  4503 ;  E.  8. 1894,  §  5991 ;  E,  S. 
1897,  §  6209.) 

245.  He  has  charge  of  the  school  house.     30.    He  shall 
take  charge  of  the  school  house  and  property  belonging  thereto, 
under  the  general  order  and  concurrence  of  the  Trustee,  and 
preserve  the  same;  and  shall  make  all  temporary  repairs  of  the 
school  house,  furniture  and  fixtures,  and  provide  the  necessary 
fuel  for  the  school,  reporting  the  cost  thereof  to  the  Trustee  for 
payment.     (E.  S.  1881,  §  4504;   E.  S.  1894,  §  5992;   E,  S.  1897, 
§  6210.) 

1.  POSSESSION  OF  HOUSE.  We  think  the  Trustee  has  charge  and  possession 
of  the  school  house,  for  although  the  Director  has  the  charge  for  certain  purposes, 
he  acts  under  the  order  and  concurrence  of  the  Trustees. — Kurd  v.  Walters,  48 
Ind.  148. 

246.  Visits  school— May  exclude  pupils.    31.    He  shall 
visit  and  inspect  the  school,  from  time  to  time,  and,  when  nec- 
essary, may  exclude  any  refractory  pupil  therefrom ;    but  the 
exclusion  of  any  pupil  from  the  school  for  disorderly  conduct 
shall  not  extend  beyond  the  current  term,  and  may  be,  in  the 
discretion  of  the  Director,  for  a  shorter  period.     (E.  S.  1881, 
§  4505 ;  E.  S.  1894,  §  5993 ;  E.  S.  1897,  §  6211.) 

1.  TEACHER'S  POWER  AS  TO  DISCIPLINE.  The  law  is  well  settled,  as  it  seems 
to  us,  that  the  teacher  has  the  right  to  exact  from  his  pupils  obedience  to  his 
lawful  and  reasonable  commands,  and  to  punish  disobedience.  In  a  recent  Wis- 
consin case  it  was  well  said:  "In  the  schools,  as  in  the  family,  there  exists  on 
the  part  of  the  pupils  the  obligations  of  obedience  to  lawful  commands,  subordina- 
tion, civil  deportment,  respect  for  the  rights  of  other  pupils,  and  fidelity  to  duty. 
These  obligations  are  inherent  in  any  proper  school  system,  and  constitute,  so  to 
speak,  the  common  law  of  the  school.  Every  pupil  is  presumed  to  know  this  law, 
and  is  subject  to  it,  whether  it  has  or  has  not  been  reenacted  by  the  District  Board 
in  the  form  of  written  rules  and  regulations." — Danenhoffer  v.  State,  GO  Jnd.  295. 


218  SCHOOL   LAW   OF   INDIANA. 

2.  TEACHER  AND  PUPIL, — KTCLES  FOR  GOVERNMENT   OF   SCHOOL — UNREA- 
SONABLE EULE.     A  rule  established  by  the  teacher  of  a  public  school,  requir- 
ing pupils  to  pay  for  the  wanton  and  careless  destruction  of  school  property,  is 
unreasonable,  and  a  teacher  has  no  right  to  enforce  such  a  rule  by  chastisement. 

Carelessness  on  the  part  of  children  is  one  of  the  most  common  and  yet  one 
of  the  least-  blameworthy  of  their  faults.  In  simple  carelessness  there  is  no  pur- 
pose to  do  wrong.  To  punish  a  child  for  carelessness  "in  any  case,  is  to  punish  it 
where  it  has  no  purpose  or  intent  to  do  wrong  or  violate  rules.  But  beyond  this 
no  rule  is  reasonable  which  requires  of  the  pupils  what  they  can  not  do.  The  vast 
majority  of  pupils,  whether  small  or  large,  have  no  money  at  their  command  with 
which  to  pay  for  school  property  which  they  injure  or  destroy  by  carelessness  or 
otherwise.  If  required  to  pay  for  such  property  they  would  have  to  look  to  their 
parents  or  guardians  for  the  money.  If  the  parent  or  guardian  should  not  have 
the  money,  or  if  they  should  refuse  to  give  it  to  the  child,  the  child  would  be  left 
subject  to  punishment  for  not  having  done  what  it  had  no  power  to  do. — State  v. 
Vanderbilt,  116  Ind.  11. 

3.  CORPORAL  PUNISHMENT.     A  teacher  may  punish  a  pupil  with  kindness, 
prudence  and  propriety,  for  disobedience  of  his  proper  commands;  and  when  the 
punishment  is  reasonable,  he  can  not  be  prosecuted  for  assault  and  battery. — 
Cooper  v.  McJunkin,  4  Ind.  290;  Danenhoffer  v.  State,  69  Ind.  295. 

The  teacher  may  exact  compliance  with  all  reasonable  commands,  and  enforce 
obedience  by  inflicting  corporal  punishment,  in  a  kind  and  reasonable  manner, 
upon  a  pupil  for  disobedience.  Such  punishment  must  be  within  the  bounds  of 
moderation,  and  apportioned  to  the  gravity  of  the  offense;  but  when  complaint  is 
made,  the  judgment  of  the  teacher  as  to  what  the  situation  required  should  have 
weight,  as  in  the  case  of  a  parent  under  similar  circumstances,  and  the  reason- 
ableness of  the  punishment  must  be  determined  upon  the  facts  of  the  particular 
case.  The  presumption  is  that  the  teacher  did  nothing  more  than  his  duty.  The 
legitimate  object  of  chastisement  is  to  inflict  punishment  by  the  pain  which  it 
causes,  as  well  as  by  the  degradation  it  implies ;  and  it  does  not  follow  that  chas- 
tisement was  cruel  or  excessive  because  pain  was  produced,  or  abrasions  of  the 
skin  resulted  from  a  switch  used  by  the  teacher.  When  a  proper  weapon  has  been 
used,  the  character  of  the  chastisement  with  reference  to  any  alleged  cruelty  or 
excess,  must  be  determined  by  the  nature  of  the  offense,  the  age,  physical  and 
mental  condition,  as  well  as  the  personal  attributes,  of  the  pupil,  and  the  deport- 
ment of  the  teacher. — Vanvactor  v.  State,  113  Ind.  276;  Danenhoffer  v.  State,  79 
Ind.  75. 

4.  DAMAGES.     Public  officers  to  whom  matters  may  be  submitted  for  their 
determination,  the  consideration  of  which  requires  an  exercise  of  their  deliberative 
judgments,  are  not  answerable  in  damages  for  mere  errors  of  judgment,  unaccom- 
panied with  malice  or  bad  faith. — Pertich  v.  Michener,  111  Ind.  472. 

5.  MANDAMUS.     Mandamus  lies  to  compel  the  restoration  of  a  pupil  illegally 
suspended  or  expelled.— State  v.  White,  82  Ind.  278. 

6.  NOT  CONTEMPT  OF  COURT.     A  boy  was  suspended  for  violation  of  a  rule 
and  readmitted  by  order  of  the  court.     He  was  suspended  a  second  time  for  viola- 
tion of  the  same  rule,  and  it  was  held  that  the  second  suspension  was  not  a  con- 
tempt of  court. — Bowers  v.  State,  127  Ind.  272. 


SCHOOL    LAW   OF   INDIANA.  219 

247.  Appeal  to  Trustee.     32.     The  decision  of  a  Director 
in  excluding  a  pupil  shall  be  subject  to  appeal  to  the  Township 
Trustee,  whose  decision  shall  be  final.     (R.  S.  1881,  §  4506 ;  R. 
S.  1894,  §  5994;  R,  S.  1897,  §  6212.) 

1.  How  APPEAL  TAKEN.  The  parent  or  guardian,  or  the  pupil  himself,  may 
appeal.  No  formal  documents  are  necessary,  and  the  Trustee  has  the  right  to 
make  an  investigation  upon  a  verbal  statement.  But  he  should  make  a  record  of 
the  facts  in  the  case  and  of  his  decision  thereon. 

248.  Insulting  teacher.     162.     If  any  parent,  guardian,  or 
other  person,  from  any  cause,  fancied  or  real,  visit  a  school  with 
the  avowed  intention  of  upbraiding  or  insulting  the  teacher  in 
the  presence  of  the  school,  and  shall  so  upbraid  or  insult  the 
teacher,  such  person,  for  such  conduct,  shall  be  liable  to  a  fine 
of  not  more  than  twenty-five  dollars,  which,  when  collected, 
shall  go  into  the  general  tuition  revenue.     (R.  S.  1881,  §  4507 ; 
R.  S.  1894,  §  5995 ;  R.  S.  1897,  §  6213.) 

1.  PART  UNCONSTITUTIONAL.     The  provision  that  the  proceeds  of  the  fine 
shall  go  into  the  general  tuition  revenue-is  void,  since  the  Constitution  (viii,  2) 
makes  fines  assessed  for  breaches  of  penal  laws  of  the  State  a  part  of  the  common 
school  fund. 

2.  ASSAULT  ON  TEACHER.     A  Township  Trustee"  and  the  School  Director, 
upon  the  refusal  of  a  duly  employed  teacher  to  allow  a  vacation  of  the  school  for 
a  time,  which  they  and  certain  patrons  of  the  school  had  demanded,  entered  the 
school  house,  of  which  the  teacher  was  in  rightful,  peaceable  possession,  seized 
him,  and  pulled,  dragged  and  threw  him  out  of  the  building,  and  inflicting  seriqus 
injuries  upon  him ;  they  were  held  guilty  of  a  wrongful  assault  and  battery,  and 
liable  for  the  damage  he  sustained. — White  v.  Kellogg,  119  Ind.  320. 

249.  Title  of  school  property.     157.    The  title  to  all  lands 
acquired  for  school  purposes  shall  be  conveyed  to  the  township, 
incorporated  town,  or  city  for  which  it  is  acquired,  in  the  cor- 
porate name  of  such  township,  town  or  city,  which  is  used  for 
school  purposes,  for  the  use  of  common  schools  therein.     In  all 
cases  in  which  the  title  to  any  such  land  is  vested  in  any  other 
person  or  corporation  than  as  above  provided,  it  shall  be  the 
duty  of  the  Trustee,  for  school  purposes  of  the  township,  town, 
or  city,  to  procure  the  title  to  be  vested  as  in  this  section  pro- 
vided.    (R.  S.  1881,  §4508;   R,  S.  1894,  §5996;   R.   S.   1897, 
§6214.) 

1.     TRUST  TITLE — CHANGE  OF  TRUSTEE.     The  corporation  (township,  town, 
or  city)  holds  the  title  in  trust  for  school  purposes,  and  upon  the  incorporation  of 


220  SCHOOL   LAW   OF   INDIANA. 

a  town,  it  becomes  the  trustee,  and  entitled  to  such  real  estate  as  lies  within  its 
boundaries — Carson  v.  State,  27  Ind.  465;  School  Town  of  Leesburg  v.  Plain 
School  Township,  86  Ind.  582 — and  can  compel  the  Trustee  of  the  township  to 
convey  the  school-house  and  lot  to  it. — School  Township  of  Allen  v.  School  Town 
of  Macy,  109  Ind.  559.  A  town  organized  as  a  school  corporation  is  the  proper 
plaintiff  in  an  action  to  recover  land  previously  deeded  for  school  purposes  to  the 
school'  township  in  which  it  is  situated.  Newpoint  Lodge  v.  School  Town  of 
Newpoint,  138  Ind.  141.  Board  v.  Center  Tp.,  143  Ind.  391. 

2.  FORMATION  OF  TOWN — REVENUE.     If  a  town  is  formed  out  of  a  portion 
of  a  township,  the  School  Trustees  of  the  town  are  entitled  to  demand  and  receive 
of  the  Township  Trustee  the  proportion  of  school  moneys  belonging  to  the  town, 
and  it  is  the  duty  of  the  Township  Trustee  to  ascertain  the  amount  and  pay  it 
over  to  the  Town  School  Board. — Johnson  v.  Smith,  64  Ind.  275. 

So  when  a  new  township  is  created  by  a  division  of  the  territory  of  an  existing 
township,  the  former  is  entitled  to  an  equitable  division  of  the  school  fund 
belonging,  or  to  be  apportioned,  to  the  township  as  originally  constituted ;  and  if 
there  be  no  debt  to  be  provided  for,  the  new  township  should  receive  its  propor- 
tionate share  of  the  special  school  revenue  and  tuition  fund,  which  should  be 
apportioned  upon  the  basis  of  the  enumeration  of  school  children  residing  in  the 
territory  constituting  such  new  township. — Towle  v.  Brown,  110  Ind.  65,  599. 

3.  CORPORATE  LIMITS — CONDITIONAL  DEED.     A  school  corporation  can  not 
establish  a  school  outside  of  its  territorial  limits. — State  v.  Shields,  56  Ind.  521. 

You  say  that  a  lot  was  deeded  to  a  township  "for  school  purposes,"  and  ask  if 
the  house  built  thereon  will  revert  to  the  original  owner  if  the  Trustee  decides  to 
change  the  location  of  the  school  house.  If  the  above  quotation  is  all  that  is 
expressed  in  the  deed  upon  that  subject,  then  I  think  the  property  will  not  revert 
to  the  original  owner.  If  the  deed  should  say  "so  long  as  used  for  school  purposes," 
then  I  suppose  it  might  revert  to  the  original  owner. — Newpoint  Lodge  v.  School 
Town  of  Newpoint,  138  Ind.  141. 

4.  HIGHWAYS.     Real   estate   and  buildings  held  by  a  school  township  for 
school  purposes  are  subject  to  appropriation  for  highways,  as  other  private  prop- 
erty.— Rominger  v.  Simmons,  88  Ind.  453. 

250.  Use  of  school  house.  158.  When  a  school  house  is 
unoccupied  by  a  common  school  of  the  State,  and  the  people 
who  form  the  school  at  such  house  desire  that  a  private  school 
be  taught  therein,  and  a  majority  of  them  make  application  to 
the  Trustee  having  charge  of  such  house  for  the  use  of  it  for 
such  private  school,  it  shall  be  the  duty  of  the  Trustee  to  per- 
mit said  school  house  to  be  used  for  such  private  school  by  such 
teacher  as  may  be  mentioned  in  the  application,  but  not  for  a 
longer  time  than  until  said  house  may  be  wanted  for  a  public 
school ;  and  such  permission  and  use  shall  be  upon  the  condi- 
tion that  the  teacher  employed  in  said  school  shall  report,  in 
writing,  to  the  Trustee — 

First.  The  number  of  teachers  employed,  distinguishing  be- 
tween male  and  female, 


(    UNIVERSITY 

' 
SCHOOL   LAW    OF    INDIANA.  4\*X*  221 


Second.  The  number  of  pupils  admitted  into  the  school 
within  the  term,  and  the  average  daily  attendance. 

Third.  The  cost  of  tuition,  per  pupil  per  month,  in  said 
school.  (R,  S.  1881,  §4509;  R.  S.  1894,  §5998;  R.  S.  1897, 
§  6215.) 

ri859,  p.  181.    Approved  March  3, 1859,  and  in  force  Aug.  6, 1839.] 

251.  Use  of  school  house.  6.  If  a  majority  of  the  legal 
voters  of  any  school  district  desire  the  use  of  the  school  house 
of  such  district  for  other  purposes  than  common  schools,  when 
unoccupied  for  common  school  purposes,  the  Trustee  shall,  upon 
such  application,  authorize  the  Director  of  such  school  district 
to  permit  the  people  of  such  district  to  use  the  house  for  any 
such  purpose,  giving  equal  rights  and  privileges  to  all  religious 
denominations  and  political  parties,  without  any  regard  what- 
ever to  the  numerical  strength  of  any  religious  denomination 
or  political  party  of  such  district.  (R.  S.  1881,  §4510;  R.  S. 
1894,  §  5999 ;  R.  S.  1897,  §  6216.) 

1.  USE  OF  SCHOOL  HOUSE.     The  Trustee,  upon  application  of  a  majority  of 
the  legal  voters  of  a  school  district,  may  authorize  the  Director  to  permit  the  use 
of  the  house  for  other  than  school  purposes,  and  a  complaint  to  enjoin  such  use 
must  aver  that  a  majority  of  the  legal  voters  of  the  district  have  not  expressed  a 
desire  therefor.— Hurd  v.  Walters,  48  Ind.  148. 

2.  TRUSTEE'S  POWER  AND  DUTY.     The  Trustee  is  made  responsible  for  the 
care,  management  and  preservation  of  the  school  houses  in  his  school  corporation. 
This  trust  he  can  not  alienate.     It  is  true  that  it  is  his  duty  to  permit  the  school 
house  to  be  used  for  other  than  school  purposes  when  the  terms  of  the  law  have 
been  complied  with,  but  it  is  equally  true  that  it  is  contemplated  by  the  law  that 
the  Trustee  shall  retain  such  control  of  the  school  house  as  will  enable  him  to 
enforce  the  provisions  of  the  law.     Inasmuch  as  the  Trustee  must  give  equal  rights 
and  privileges  to  all  religious  denominations  and  political  parties,  it  is  clear  that 
he  can  not  make  a  contract  with  any  party  by  reason  of  which  one  denomination 
or  one  political  party  shall  obtain  possession  of  the  house  to  the  exclusion  of  any 
other,  except  for  the  time  being,  or  by  which  the  control  of  the  house  shall  pass 
from  his  hands. 

It  is  not  necessary  that  the  voters  of  a  district  petition  the  Trustee  on  each 
separate  occasion  that  the  house  is  desired  for  other  than  school  purposes,  but  if  a 
general  petition  be  filed  with  the  Trustee,  in  proper  form,  requesting,  for  example, 
that  the  house  be  used  for  religious  purposes,  he  may  then  permit  the  house  to  be 
so  used  as  occasions  may  require.  In  the  absence  of  an  expressed  desire  on  the 
part  of  the  voters  of  a  district,  it  is  held  that  the  Trustee  may,  through  the  spirit 
of  accommodation,  rather  than  by  a  strict  construction  of  the  law,  permit  school 
houses  to  be  used  for  religious  and  other  public  meetings  when  he  is  satisfied  that 
a  majority  of  the  district  does  not  object, 


222  SCHOOL    LAAV    OF    INDIANA. 

In  all  cases  when  school  houses  are  used  for  such  purposes,  it  is  the  duty  of  the 
Trustee  to  prescribe  and  enforce  such  rules  and  regulations'  as  will  protect  the 
property  from  injury.  It  is  evident  that  the  provisions  of  this  section  apply  only 
to  districts  in  townships,  and  not  to  cities  and  incorporated  towns. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

252.  School  house,  when  sold.    149.    The  proper  Trustee 
may,  whenever  a  school  house  shall  have  been  removed  to  a  dif- 
ferent location,  or  a  new  one  erected  for  the  school  in  a  differ- 
ent place,  if  the  land  Avhereon  the  same  is  situated  belongs  un- 
conditionally to  the  township,  town  or  city,  sell  the  same,  when, 
in  his  opinion,  it  is  advantageous  to  the  township,  town  or  city, 
so  to  do,  for  the  highest  price  that  can  be  obtained  therefor; 
and  upon  the  payment  of  the  purchase  money  to  the  township, 
town  or  city  Treasurer,  he  shall  execute  to  the  purchaser  a  deed 
of  conveyance,  which  shall  be  sufficient  "to  vest  in  such  pur- 
chaser all  the  title  of  such  township,  town  or  city  thereto.    The 
money  derived  from  such  sale  shall  be  a  part  of  the  special 
school  revenue.     (K.  S.  1881,  §  4511;  II.  S.  1894,  §  6000;  R.  S. 
1897,  §  6217.) 

1.  CONVEYANCES.    A  deed  to  the  school  township  for  the  use  of  the  township 
for  school  purposes  is  an  absolute  and  not  a  conditional  conveyance;  and  the 
township  may  sell  the  property  so  deeded.     The  deed  of  the  township  should  be 
made  in  the  name  of  the  school  township,  and  signed  by  the  Trustee.     School 
Boards  of  cities  and  towns  may  sell  and  convey  a  school  lot  upon  the  conditions 
named  in  this  section. — '$  97,  98,  249. 

2.  In  the  administration  of  the  law  set  out  in  section  252,  three  cases  arise  : 
First.     When  the  school  house  is  within  the  limits  of  the  township,  the  Town- 
ship Trustee  controls  and  sells  it. 

Second.  When  the  school  house  is  situated  within  territory  which  is  afterward 
incorporated  into  a  town,  then  the  title  vests  in  the  town,  and  the  property  is  con- 
trolled by  the  School  Trustees  of  the  town. — $  253;  see  Carson  t>.  State,  27  Ind. 
465;  School  Township  of  Allen  v.  School  Town  of  Macy,  109  Ind.  559;  School 
Town  of  Leesburgh  v.  Plain  School  Township,  86  Ind.  582. 

Third.  When  the  school  house  is  located  on  territory  which  is  taken  into  a 
city  by  addition,  then  the  School  Trustees  of  the  city  control  it. — See  Heizer  v. 
Yohn,  37  Ind.  415 ;  Reckert  v.  City  of  Peru,  60  Ind.  473. 

3.  CONVEYANCE  TO  CITY  OR  TOWN.     When  a  school  house  is  taken  within  a 
city  or  town,  it  is  the  duty  of  the  Township  Trustee  to  convey  it  to  such  city  or 
town.— §  253. 

[1893,  p.  194.    Approved  and  in  force  March  3, 1893.J 

253.  School  house  in  annexed  territory.    1.    Whenever 
there  has  been,  or  may  hereafter  be,  by  proper  proceedings,  any 
territory  annexed  to  any  city  or  incorporated  town  of  this  State, 


SCHOOL    LAW    OF    INDIANA.  223 

which  territory  included  within  such  "boundary  as  annexed  any 
real  estate  which,  prior  to  such  annexation,  was  the  property  of 
the  school  township  adjoining  such  town  or  city,  and  used  for 
school  purposes  hy  such  school  township,  such  real  estate  shall, 
by  virtue  of  such  annexation,  at  once  become  in  fee  simple  the 
property  of  the  school  corporation  of  such  town  or  city  within 
the  corporate  boundaries  of  which  it  is  found  after  such  annex- 
ation of  territory,  and  it  is  hereby  made  the  duty  of  the  Town- 
ship Trustee  to  at  once  execute  and  deliver  to  the  school  cor- 
poration of  such  town  or  city  a  deed  conveying  such  title  as  his 
school  township  lias  for  all  school  property  which  has  passed, 
by  such  proceedings,  from  the  territorial  jurisdiction  of  the 
township  to  that  of  a  town  or  city.  (II.  S.  1894,  §  5997 ;  K.  S. 
1897,  §  6218.) 

1.  SECTION  VALID.  The  above  section  is  valid,  even  if  the  old  township  is 
in  debt  for  the  school  house,  and  the  annexing  city  or  town  is  not  bound  to  con- 
tribute to  the  payment  of  the  debt.  If  the  Township  Trustee  refuses  or  neglects 
to  convey  the  property  to  such  annexing  city  or  town  he  may  be  compelled  to  do 
so  by  mandate  of  the  courts. — Board  v.  Center  Township,  143  Ind.  391.  This  de- 
cision modifies  the  following  cases:  Carson  v.  State,  27  Ind.  465;  Heizer  v.  Yohn, 
37  Ind.  415;  State  o.  Shields,  56  Ind.  521;  Rechert  v.  City  of  Peru,  60  Ind.  473; 
School  Township  of  Leesburg  v.  Plain  School  Township,  86  Ind.  582;  School 
Township  of  Allen  v.  School  Town  of  Macy,  109  Ind.  559;  Newpoint  Lodge  v. 
School  Town  of  Newpoint,  138  Ind.  141. 

[1899,  p.  376.    Approved  and  in  force  March  3, 1899.1 

254.    Pay  for  school  house  in  annexed  territory.    1.    In 

all  cases  where  any  city  or  incorporated  town  of  this  State  has 
annexed  or  shall  hereafter  annex  any  territory,  or  where  any 
town  shall  be  hereafter  incorporated  in  which  territory  so  an- 
nexed or  incorporated  there  was  or  shall  be  the  property  of  any 
school  township  used  by  such  school  township  for  school  pur- 
poses, and  such  school  township  was,  or  shall  be  at  the  date  of 
such  annexations,  indebted  either  for  the  purchase  of  said  school 
property,  or  for  buildings  constructed  thereon,  which  indebted- 
ness is  unpaid  at  the  date  of  the  passage  of  this  act,  it  shall 
and  is  hereby  made  the  duty  of  the  school  corporation  of  such 
city  or  incorporated  town  to  pay  such  indebtedness,  and  such 
school  corporation  is  hereby  declared  to  be  and  made  liable 
therefor.  Until  such  city  or  town  school  corporation  shall 
have  paid  such  indebtedness,  it  shall  not  be  entitled  to  posses- 


224  SCHOOL    LAW    OF 

sion  of  such  property,  or  to  a  deed  therefor,  and  upon  paying* 
such  indebtedness  by  said  school  township,  such  school  town- 
ship shall  be  entitled  to  recover  the  amount  so  paid  from  said 
city  school  corporation  with  interest  at  the  rate  of  six  per  cent, 
per  annum  from  date  of  payment,  and  on  payment  of  such 
amount  the  said  school  corporation  shall  be  entitled  to  a  deed 
and  possession  of  such  property  as  now  by  law  provided. 

[1877,  p.  126.    Approved  and  in  force  March  7, 1877.] 

255.  Donations  and  bequests.     1.     Whenever  any  person 
shall  give  or  bequeath  unto  Trustees  any  sum  of  money  exceed- 
ing five  thousand  dollars,  for  the  purpose  of  erecting  a  public 
school  building  or  seminary  in  any  unincorporated  town  in  this 
State,  and  upon  the  express  or  implied  condition  contained  in 
said  bequest  that  an  amount  equal  thereto  shall  be  raised  by  the 
citizens  of  said  town  or  township  for  a  like  purpose,  the  Town- 
ship Trustee  of  said  township  in  which  said  town  is  situated 
shall,  upon  the  petition  of  a  majority  of  the  legal  voters  of  said 
township,  be  authorized  to  prepare,  issue  and  sell  the  bonds  of 
said  township,  to  secure  a  loan  not  exceeding  fifteen  thousand 
dollars  in  anticipation  of  the  revenue  for  special  school  pur- 
poses, for  the  purpose  of  complying  with  the  condition  annexed 
to  such  gift  or  devise — said  bonds  to  bear  a  i*ate  of  interest  not 
exceeding  seven  per  cent,  per  annum,  payable  at  such  time, 
within  seven  years  from  date,  as  such  Trustee  may  determine: 
Provided,  That  until  all  the  bonds  of  any  one  issue  shall  have 
been  redeemed,  such  Towship  Trustee  shall  not  be  authorized 
to  make  another  issue,  nor  shall  any  such  bonds  be  sold  at  a 
less   rate   than   ninety-five  "cents    on   the  dollar.     (R.  S.  1881, 
§4514;  R,  S.  1894,  §6003;  R.  S.  1897,  §6224.) 

1.  POWER  OF  COUNTY.     The   County    Board   has   no   power  to  appropriate 
money  out  of  the  general  fund  of  the  county  to  build  a  school  house.     Rothrock 
v,  Carr,  55  Ind.  334. 

2.  See  also  section  258,  page  225. 

256.  Majority  of  voters.     2.     The  whole  number  of  votes 
cast   for   candidates   for  Congress   at  the  last  preceding  con- 
gressional election  in  the  township  shall  be  deemed  to  be  the 
whole  number  of  legal  voters  of  such  township,  a  majority  of 
whose  names  shall  be  signed  to  the  petition  presented  to  such 
Township  Trustee ;    to   which  petition  shall  be  attached  the 


SCHOOL    LAW    OF    INDIANA.  225 

affidavit  or  affidavits,  as  such  Trustee  may  deem  necessary,  of  a 
competent  and  credible  person  or  persons  that  the  signature  of 
all  the  names  to  said  petition  are  genuine,  and  that  the  persons 
whoso  names  are  thereto  signed  are,  as  he  believes,  legal  voters 
of  such  township.  (R.  8.  1881,  §4515;  E.  S.  1894,  §6004; 
R.  8.  1897,  §6225.) 

257.  Sale  of  bonds.     3.     The  Township  Trustee  shall'  re- 
cord such  petition,  together  with  the  names  attached,  in  the 
record-book  of  his  township,  and  carefully  file  away  and  pre- 
serve said  petition,  and  shall   enter  in  such  record  a  statement 
of  the  time  when  such  petition  was  filed;  and,  if  said  Trustee 
shall  then  be  satisfied  that  said  petition  contains  the  names  of 
a  majority  of  the  legal  voters  of  said  township,  he  shall  then 
prepare,  issue  and  sell  bonds  to  the  amount  petitioned  for  in 
such  petition,  as  provided  in  section  1  of  this  act  (section  4514), 
and  shall  accurately  keep  a  record  of  all  proceedings  in  and 
about  the  issue  and  sale  of  such  bonds,  to  whom,  and  for  what 
amount,  sold,  the  rate  of  interest  they  bear,  and  the  time  when 
they  become  due.     (R,  S.  1881,  §4516;  R.  S.  1894,  §6005;  R.  S. 
1897,  §6226.) 

[1901,  p.  555.    Approved  and  in  force  March  11, 1901.] 

• 

258.  Donations  may  be  made  to  school  corporations.    1. 

All  common  school  corporations  of  this  State  be  and  they 
hereby  are  authorized  and  empowered  to  acquire  by  gift,  devise 
or  bequest  real  estate  and  personal  property,  and  any  such  gift, 
devise  or  bequest  heretofore  made  is  hereby  legalized  validated 
as  fully  as  if  made  after  the  taking  effect  of  this  act. 

259.  Conditional  gift.     2.    Any  such  common  school  cor- 
poration which  has  heretofore  acquired  or  shall  hereafter  ac- 
qnire  any  personal  property  or  real  estate  by  gift,  devise  or  be- 
quest,  in  respect  of  which  the  donor  or  testator  at  the  time  of 
making  the  same,  has  annexed  or  may  annex  conditions  or 
directions  concerning  the  manner  in  which  the  same  shall  be 
held,  used,  enjoyed  or  disposed   of,  shall  hold,  use,  enjoy  and 
dispose  of  the  same  agreeably  to  the  terms  and  conditions  so 
imposed  by  the  donor  or  devisor. 

X 

15 — SCH.  LAW. 


226  SCHOOL    LAW    OF   INDIANA. 

260.  Income  from  gifts,  how  used.     3.    In  every  case 
where  any  such  common  school  corporation  has  heretofore  ac- 
quired or  shall  hereafter  acquire  any  personal  property  or  real 
estate  by  gift,  devise  or  bequest  in  respect  of  which  the  donor 
or  testator,  at  the  time  making  the  same,  has  not  or  shall  not 
annex  conditions  or  directions  concerning  the  same  inconsistent 
with '  the  requirements  of   this  section,  the  principal  of  such 
gifts',  devises  and  bequests  shall  be  inviolate,  but  the  interest, 
rents,  incomes,  issues  and  profits,  thereof,  may  be  expended  by 
such  scbool  corporation.     Such  interest,  rents,  incomes,  issues 
and  profits  shall  not  be  devoted  to  the  payment  of  any  obliga- 
tion of  the  corporation  incurred  before  the  property  was  ac- 
quired, nor  to  the  payment  of  the  salaries  or  wages  of  teachers, 
of  the  branches  commonly  and  generally  taught  in  the  public 
schools,  or  for  school  or  library  officers  or  employes,  nor  to  the 
purchase  of  ordinary  school  furniture  or  supplies  of  the  char- 
acter required  by  the  corporation  to  be  paid  for  from  the  cur- 
rent income  or  revenue  coming  to  it  from  taxes  or  by  operation 
of  law,  but  the  same  may  be  devoted  to  any  public  educational 
or  public  library  or  kindred  purpose,  for  which  in  the  judg- 
ment of  the  managing  board,  or  trustee  of  the    corporation 
adequate  financial  provision  shall  not  have  been  made  by  law. 
If  in  the  judgment  of  such  Board  or  Trustee,  it  seems  wise  to 
invest  the  principal  of  the*  gift,  devise  or  bequest  in  the  erection 
or  equipping,  or  both,  of  a  building  to  be  devoted  to   some 
special  use  of  a  public  educational  or  library  character,  and  the 
expressed  will  of  the  donor  or  testator  will  not  thereby  be  vio- 
lated, the  principal  may  be  so  used,  anything  in  this  act  to  the 
contrary  notwithstanding,  but  this  provision  shall  not  be  con- 
strued to  permit  its  use  for  the  building  or  equipping  of  build- 
ings for  the  ordinary  graded  or  high  schools. 

261.  Trustee  for  gift— Powers.     4.    If  in  the  judgment  of 
the  Board  of  Trustees  or  School  Commissioners  of  any  corpora- 
tion coming  under  the  terms  of  this  act,  it  would  be  wise  to  ap- 
point a  trustee  or  trustees  to  hold  the  title  to  any  such  property, 
real  or  personal,  heretofore  acquired  or  that  may  be  hereafter 
acquired  by  it  in  the  manner  mentioned  in  this  act,  unless  the 
wish  and  will  of  the  donor  or  testator  expressed  as  aforesaid 
would  thereby  be  violated,  and  to  invest  the  principal  and  pay 


SCHOOL    LAW    OF    INDIANA.  227 

over  from  time  to  time  only  the  net  interests,  rents,  issues,  in- 
comes and  profits  of  the  fund  to  the  school  corporation  for  use 
as  in  this  act  provided  such  school  corporation  is  hereby  author- 
ized and  empowered  to  name  and  appoint  such  trustee  or  trus- 
tees and  to  vest  in  him  or  them  the  title  to  such  property  sub- 
ject to  such  trust  and  powers  as  the  school  corporation  may 
impose  not  inconsistent  with  the  wish  or  will  of  the  donor  or 
testator,  expressed  as  aforesaid,  or  of  the  provisions  of  this  act 
applicable  to  such  property  in  case  no  such  transfer  to  a  trustee 
has  been  made :  Proriflcd,  That  if  the  managing  board  of  such 
school  corporation  shall  consist  of  fewer  than  three  persons, 
and  the  school  corporation  elects  to  have  the  property  held  and 
managed  by  trustees,  the  corporation  shall  establish  the  terms 
of  the  trust  and  make  the  conveyance  but  the  trustees  shall  in 
such  case  be  not  fewer  than  three  and  shall  be  named  and  ap- 
pointed by  the  Judge  of  the  Circuit  Court  of  the  county  in 
which  the  school  corporation  is  domiciled. 

262.  Identity  of  gift  not  to  be  lost.  5.  It  is  the  main 
purpose  of  this  act  that  the  identity  of  the  principal  of  gifts 
and  benefactions  of  friends  of  the  State's  public  schools  may 
not  be  lost  and  that  the  income  from  their  investment  shall  be 
used  in  giving  to  school  children  and  the  public  educational 
and  library  advantages  that  could  not  be  enjoyed  if  only  the 
school  and  library  revenue  and  income  provided  by  law  were 
available,  but  nothing  in  this  act  shall  be  construed  as  a  limita- 
tion against  the  investment  and  reinvestment  either  by^  the 
school  corporation  itself  or  the  trustees  appointed  agreeably  to 
this  act,  from  time  to  time  as  the  safety  of  the  fund  or  the  best 
interests  of  the  corporation  may  to  the  school  corporation  to 
which  it  is  given,  seem  to  require. 

[1881,  p.  592.    Approved  and  in  force  April  16, 1881.] 

263*  Site  for  school  house— Eminent  domain.  1.  When- 
ever in  the  opinion  of  the  trustees  of  school  corporations  or  of  the 
Township  Trustee  of  any  township  in  this  State,  it  shall  be  con- 
sidered necessary  to  purchase  any  real  estate  on  which  to  build 
a  school  house,  or  for  any  other  purpose  connected  therewith, 
such  Township  Trustee  or  School  Trustees,  or  a  majority  of 
them,  may  file  a  petition  in  the  Circuit  Court  of  said  county, 


228  SCHOOL    LAW    OF    INDIANA. 

asking  for  the  appointment  of  appraisers  to  appraise  and  assess 
the  value  of  said  real  estate.  (R,  S.  1881,  §4517 ;  R,  S.  1894, 
g  6006;  R.  S.  1897,  §  6227. 

1.  LOCATIONS.     The  question  as  to  where  school  houses  shall  be  located,  and 
where  land  shall  be  acquired  for  that  purpose,  is  left  to  the  sound  discretion  of  the 
Trustee;  and  upon  an  application  by  the  Trustee  to  the  Circuit  Court  to  acquire 
hind  for  a  school  house,  questions  respecting  the  location  selected  are  not  triable. 
The  method  of  trying  such  questions  is  by  appeal  to  the  County  Superintendent, 
as  provided  by  section  216. — Braden  v.  McNutt,  114  Ind.  214. 

2.  SCHOOL  TOWNSHIP  BUILDS.     The  school  township,  and  not  the  civil  town- 
ship, must  build  the  school  house;  and  a  note  given  by  the  civil  township  for  the 
cost  of  constructing  a  school  house  is  void. — Wingate  v.  Harrison  School  Town- 
ship, 59  Ind.  520. 

3.  DISAGREEMENT  AMONG  TRUSTEES.    In  cities  and  towns  the  School  Trustees 
determine  where  and  when  a  school  house  is  necessary  and  convenient,  and  a  con- 
tract by  the  Trustees  for  the  building  of  such  school  house  is  binding,  although 
one  of   the    Trustees  protested    against    it. — Crist  v.   Brownsville  Township,   10 
Ind.  461. 

4.  FKAUD.     An  action  may  be  maintained  to  enjoin  the  construction  of  a 
school  house,  on  the  ground  of  fraud  on  the  part  of  the  Township  Trustee,  in  the 
making  of  the  contract,  in  the  name  of  the  State  for  the  use  of  the  civil  township; 
and  the  remedy  provided   for  an  appeal  to  the  County  Superintendent,  is  not  in 
such  a  case  exclusive,  and  does  not  prevent  the  bringing  of  the  action. — State  r. 
Earhart,  27  Ind.  119. 

5.  COUNTY  BOARD  OF  COMMISSIONERS.      A  County  Board  of  Commissioners 
can  not  make   an   allowance   to   build   a  school   house. — Eothrock  v.  Carr,  55 
Ind.    334. 

264.  Appraisers.     2.     Upon  said  petition  being  filed  (the 
owner  or  owners  of  said  real  estate  having  had  ten  days'  notice 
of  the  pendency  thereof),  the  Court  shall  appoint  three  free- 
holders, resident  in  said  school  corporation  or  said  township 
where  said  real  estate  is  situate,  to  appraise  and  assess  the  value 
thereof.     (II.  S.  1881,  §  4518 ;  R.  S.  1894,  §  6007 ;  R.  S.  1897, 
§  6228.) 

265.  Appraisement — Payment.    3.   Said  appraisers,  before 
making  said  assessment  and  appraisement,  shall  take  an  oath 
before  the  Clerk  of  said  court  to  make  a  fair,  true,  and  honest 
appraisement  of   said  real  estate ;   and  shall  then  proceed  to 
examine  said  real  estate,  hear  such  evidence  as  they  may  con- 
sider necessary,  and  make  report  of  their  appraisement  within 
five  days  after  their  appointment.     Upon  said  report  being  filed, 
the  owner  or  owners  of  said  real  estate  may  except  to  the  same 


SCHOOL   LAW    OF    INDIANA.  229 

for  any  cause,  and  a  trial  thereon  may  be  had  in  said  court. 
When  the  value  of  said  real  estate  is  finally  determined  in  said 
court,  the  Township  Trustees  or  School  Trustees  may  pay  to 
the  Clerk  of  said  court,  for  the  use  of  the  owner  of  said  real 
estate,  the  amount  so  determined,  and,  upon  payment  thereof, 
the  title  to  said  real  estate  vest  in  said  school  corporation  for 
said  purposes.  (II.  S.  1881,  §4519;  R.  S.  1894,  §6008;  E,  S. 
1897,  §6229.) 

LOCATION  OF  SCHOOX,  HOUSE.  The  question  when  and  where  a  school  shall  be 
locntcd  is  left  to  the  discretion  of  the  Trustees;  and  that  question  can  not  be  tried 
on  condemnation  preceedings. — Braden  v.  McNutt,  114  Ind.  214. 


SKC. 

266.  Township  Institutes. 

267.  County  Institutes. 


CHAPTER  XVI. 


TEACHERS'  INSTITUTES. 


SEC. 

268.  Schools  closed. 

269.  Sessions. 


[1889,  P.  67.    Approved  and  in  force  March  2, 1889.J 

266.  Township  Institutes.  9.  At  least  one  Saturday  in 
cadi  month  during  which  the  public  schools  may  be  in  progress 
si i all  be  devoted  to  Township  Institutes,  or  model  schools  for 
the  improvement  of  teachers ;  and  two  Saturdays  may  be  ap- 
propriated, at  the  discretion  of  the  Township  Trustee  of  any 
township.  Such  Institute  shall  be  presided  over  by  a  teacher, 
or  other  person,  designated  by  the  Trustee  of  the  township. 
The  Township  Trustee  shall  specify,  in  a  written  contract  with 
each  teacher,  that  such  teacher  shall  attend  the  full  session  of 
cadi  Institute  contemplated  herein,  or  forfeit  one  day's  wages 
for  every  day's  absence  therefrom,  unless  such  absence  shall  be 
occasioned  by  sickness,  or  such  other  reason  as  may  be  approved 
by  the  Township  Trustee,  and  for  each  day's  attendance  at  such 
Institute  each  teacher  shall  receive  the  same  wages  as  for  one 
day's  teaching:  Provided,  That  no  teacher  shall  receive  such 
wages  unless  he  or  she  shall  attend  the  full  session  of  such  In- 
stitute and  perform  the  duty  or  duties  assigned.  (R.  S.  1894, 
§  6009  ;  R.  S.  1897,  §  6230.) 

1.  A  Trustee  failing  to  comply  with  the  above  is  subject  to  prosecution  and 
removal  from  office, 


230  SCHOOL    LAW    OF    INDIANA. 

[1901,  p.  29.    Approved  and  in  force  February  25, 1901.] 

267.  County  Institutes.     159.     In  order  to  the  encourage- 
ment of  Teachers'  Institutes,  the  County  Auditors  of  the  several 
counties  of  this    State    shall,  whenever  the   County   Superin- 
tendent of  such  county  shall  file  with  said  Auditor  his  official 
statement,  showing  that  there  has  been  held,  for  five  days,  a 
Teachers'  Institute  in  said  county,  with  an  average  attendance 
of  twenty-five   teachers,  or   of  persons   preparing   to  become 
such,  draw  his  warrant  on  the  County  Treasurer,  in  favor  of 
said  County  Superintendent,  for  thirty-five  dollars;  and  in  case 
there  should  be  an  average  attendance  of  forty  teachers,  or  per- 
sons preparing  to  become  such,  then  the  said  County  Auditor 
shall  draw  his  warrant  on  the  Treasurer  for  fifty  dollars ;  and 
in  case  there  should  be  an  average  attendance  of  seventy-five 
teachers,  or  persons  preparing  to  become  such,  then  the  County 
Auditor  shall  draw  his  warrant  on  the  Treasurer  for  one  hun- 
dred dollars,  for  the  purpose  of  defraying  the  expenses  of  said 
Institute :     Provided,  however,    That  but  one  of  said  payments 
be  made  in  the  same  year.     All  laws  and  parts  of  laws  in  conflict 
herewith  are  hereby  repealed. 

1.  SUPERINTENDENT'S  DUTY  AND  PAY.     Such  an  institute  as  is  contemplated 
by  the  law  is  not  a  voluntary  association,  but  a  teachers'  meeting,  at  the  head  of 
which  is  the  County  Superintendent.     He,  therefore,  has  no  right  to  surrender  it 
into  the  hands  of  an  incompetent  director,  nor  to  permit  a  course  of  procedure  by 
any  one,  or  by  the  Institute  itself,  by  which  time  shall  be  wasted  or  unsatisfactory 
work  done.     The  teachers  are  there  to  be  instructed,  and  the  Superintendent  must 
necessarily  take  the  responsibility  of  the  Institute  upon   himself.     The  money 
which  the  Auditor  is  authorized  to  pay  is  to  defray  the  expenses  of  the  Institute 
exclusive  of  the  per  diem  of  the  Superintendent,  whose  compensation  must  be  ob- 
tained in  the  usual  way.     He  is  also  entitled  to  his  per  diem  for  reasonable  services 
in  making  preparations  for  the  Institute. 

2.  PAY  OF  TEACHEHS.     Teachers  are  allowed  their  regular  per  diem  when 
attending  both  County  and  Township  Institutes. 

268.  Schools  closed.     160.     When  any  such  Institute  is  in 
session,  the  common  schools  of  the  county  in  which  said  Insti- 
tute shall  be  held  shall  be  closed.     (R.  S.  1881,  §4522;  R.  S. 
1894,  §6011;  R,  S.  1897,  §  6231.) 

269.  Sessions.     161.     The  several  County  Superintendents 
are  hereby  required,  as  a  part  of  their  duty,  to  hold,  or  cause  to 
be  held,  such  Teachers'  Institutes  at  least  once  in  each  year  in 
their  respective  counties.     (R.  S.  1881,  §4523;  R.  S.  1894,  §6012; 
R.  S.  1897,  §6233.) 


SCHOOL    LAW    OF    INDIANA, 


231 


CHAPTER   XVII. 


FREE  LIBRARIES. 


SEC. 

270.  Public  Library  Commission. 

271.  Duties — Traveling1  libraries. 

272.  Purchase  of  books— Appropriation. 

273.  Library  Association 

271.    Annual  appropriation— Expenses. 

27">.    Advice. 

27t>.    Township  library  tax. 

277.  Township  library  Board. 

278.  Official  documents. 

27(->.     Member  of  Commission  not  to  be  pub- 
lishers. 

280.    Repealing  section. 

2S1.     In  cities  and  towns. 

2*2.    Libraries  in  certain  cities. 
i'a.x  to  maintain. 

2X4.    Real  c  tate. 

285.    Real  estate  for  libraries. 

2M'>.    School    and    library   tax    in    cities    of 
30,000. 

2*7.    County  Treasurer  reports  to  Board  of 
School  Commissioners. 

2s*'.    County  Treasurer's  credits. 

Library  tax  in  cities  of  15,000 and  30,000. 

21  to.    Payment  of  bonds. 

2(.H.    City  and  town   tax   for  library— Sub- 
scription. 

2!»2.    Subscription  filed  with  Clerk  of  Circuit 
Court. 


SEC. 

293.  Members  of  Library  Board  appointed—' 

Qualifications. 

294.  Certificate  of  appointment— Oath. 

295.  Organization. 

296.  Library  Board    Powers. 

297.  Subscription     collected  —  Buildings  — 

Tax. 

298.  Tax,  how  used. 

299.  Use  of  library  — Certificates  of  mem- 

bership—Township may  use. 

300.  Donation  of  library. 

301.  Removal  of  members  of  Board. 

302.  Treasurer's  report. 

303.  Repealing  section. 

304.  Libraries  in  cities  of  3,500  to  4,000. 

305.  Acceptance  of  library. 

306.  Payment  of  taxes. 

307.  Privileges  of  library. 

308.  Removal  of  Directors. 

309.  Library  fund. 

310.  Township  Trustee  in  charge. 

311.  Trustee's  duties. 

312.  Use  of  books. 

313.  Where  kept. 

314.  When  open. 

315.  Tax  levy  for  library. 

316.  Office  of  Librarian  abolished. 

317.  Library  discontinued. 

318.  Legalizing  section. 


[1899,  p.  134.    Approved  and  in  force  February  24, 1899.1 

270.  Public   Library  Commission.     1.     There  is  hereby 
created  a  Public  Library  Commission,  which  shall  be  composed 
of  three  members,  appointed  by  the  Governor,  who  shall  serve 
without  compensation  except  as  herein  provided,  each  for  the 
term  of  four  years,  except  that  one  of  the  members  first  so  ap- 
pointed by  the  Governor  shall  be  appointed  for  a  term  of  two 
years  only,  and  one  for  one  year.     The  State  Librarian  shall  be 
ex-qfficio  secretary  of  said  Commission. 

271.  Duties— Traveling  libraries.    2.    Said  Public  Library 
Commission  shall   have  the  control   and  management  of  the 
traveling  libraries  hereinafter  provided  for,  shall  purchase  the 
books  and  collection  of  books  therefor  and  equipment  for  the 
same;  shall  adopt  rules  and  regulations  for  loaning  such  books 
and  collection  of  books  to  library  associations  and  to  the  per- 


232  SCHOOL    LAW    OF    INDIANA. 

sons  entitled  to  borrow  the  same,  and  shall  provide  for  and 
require  such  security  or  guaranty  for  the  safe  return  of  such 
hooks  or  collection  of  books  as  may  be  deemed  advisable ;  shall 
prepare  lists  of  books  suitable  for  public  libraries  and  obtain 
prices  for  the  same  arid  furnish  such  lists  whenever  required; 
shall  furnish  information  or  advice  as  to  the  organization, 
maintenance  or  administration  of  any  library  in  the  State 
whenever  requested  so  to  do  by  the  librarian  or  trustees.  The 
Public  Library  Commission  shall  keep  a  complete  record  of 
library  associations  and  other  organizations  and  persons  entitled 
to  borrow  books  of  such  traveling  libraries  and  of  transactions 
therewith,  and  he  shall  include  in  his  biennial  report  a  sum- 
mary of  the  facts  of  public  interest  and  value  in  relation  thereto. 

272.  Purchase  of   books — Appropriation.     3.     There  is 
hereby  appropriated  out  of  any  funds  in  the  treasury  not  other- 
wise specifically  appropriated  the  sum  of  three  thousand  dollars 
($3,000)  for  the  purchase  of  books  and  collections  of  books  and 
the  equipment  for  traveling  libraries.     The  books  so  purchased 
shall  be  in  the  care  of  the  State  Librarian,  but  shall  be  kept 
separate  from  the  other  books  of  the  State  library.     The  books 
so  purchased  shall  be  divided  into  sets  or  libraries  of  said  com- 
mission and  loaned  to  library  associations  and  other  organiza- 
tions and  persons  as  herein  provided. 

273.  Library  association.     4.     Any  five  or  more  citizens 
may  organize  a  library  association,  which  on  furnishing  secur- 
ity satisfactory  to  said  Commission,  shall  be  entitled  to  the  use 
of  the  traveling  libraries  under  the  rules  and  regulations  of  said 
Commission,  and  without  charge  further  than  all  expenses  of 
transportation  of  said  libraries.     Any  local  library,  literary  or 
other  club,  agricultural  or  other  society,  grange,  college,  semi- 
nary, university  extension  center,  study  circle  or  other  associ- 
ations, shall  have  the  use  of  said  traveling  libraries  on  furnish- 
ing satisfactory  security  and    complying  with    the  rules  and 
regulations  as  aforesaid. 

[1901,  p.  171.    Approved  March  8, 1901;  in  force  May,  1901.] 

274.  Annual  appropriation— Expenses.    5.   There  is  here- 
by appropriated  out  of  any  funds  in  the  treasury  not  otherwise 
appropriated  the  sum  of  one  thousand  dollars  ($1,000)  annually, 


SCHOOL    LAW    OF   INDIANA.  233 

to  be  expended  under  the  direction  of  said  Commission,  for 
clerical  assistance  to  the  State  Librarian  and  other  expenses  of 
said  Commission  made  necessary  by  this  act,  including  traveling 
expenses  of  the  members  of  said  Commission  in  the  discharge 
of  their  duties. 

[1899,  p.  134.    Approved  and  in  force  February  24, 1899.] 

275.  Advice.     6.     The  Librarian  or  Trustees  of  any  free 
public  library  may  apply  to  said  Public  Library  Commission  for 
advice  as  to  all  matters  pertaining  to  the  organization,  main- 
tenance or  administration  of  their  library ;  and  said  Commis- 
sion shall  give  such  advice  and  personal  attention  as  may  be 
necessary. 

NOTE.  The  Library  Commission  has  appointed  Merica  Hoagland  to  serve  as 
Organizer  of  Libraries.  She  will  travel  into  different  parts  of  the  State,  giving 
advice  and  assisting  in  the  work. 

276.  Township  library  tax.     7.    On  the  written  petition 
of  fifty  legal  voters  of  any  township  filed  with  the  County  "Clerk 
not  kiss  than  fifteen  days  prior  to    a  township    election,  the 
County   Board  of  Election    Commissioners  shall  cause  to  be 
printed  on  the  township  ballots  for  such  township  the  words: 
l-  For  u  township  library  tax."     "  Yes."     "No."     If  in  the  elec- 
tion a  majority  of  the  votes  cast  on  said  question  shall  be  in 
the  affirmative,  the  Township  Trustee  shall  thereafter  levy  an- 
nually a  tax  of  one-fifth  of  a  mill  on  each  dollar  of  the  prop- 
erty taxable'in  said  township  for  the  establishment  and  support 
of  a  township  library  free  to  all  inhabitants  of  such  township, 
which  tax  shall  be  levied,  assessed,  collected  and  paid  as  other 
township  taxes  are  levied,  assessed,  collected  and  paid  :    Provided, 
That  after  such  library  has  been  established  such  tax  levy  shall 
be  discontinued  when,  under  the  above  provision,  the  question 
of  discontinuing  such  levy  shall  have  been  submitted  to  a  vote 
and  the  majority  of  the  votes  cast  on  said  question  shall  be  in 
the  negative  :     Provided  further,  That  if  there  be  located  in  said 
township  a  public  library  open  to  the  use  of  all  the  inhabitants 
thereof,  then  the  proceeds  of  said  tax  shall  be  paid  to  said 
public  library.     Provided  further,  That  in  any  township  in  which 
there  has  been  or  may  hereafter  be  established  by  private  dona- 
tions a  library  of  the  value  of  twenty-five  thousand  dollars  or 
more,  including  the   real  estate  and  buildings  used  for  such 
library  for  the  use  and  benefit  of  all  the  inhabitants  thereof, 


234  SCHOOL    LAW    OF    INDIANA. 

the  Township  Trustee  of  such  township  shall  annually  levy 
and  collect  not  more  than  six  cents  on  the  hundred  dollars, 
upon  the  taxable  property  within  the  limits  of  such  township 
which  shall  be  paid  to  the  Trustees  of  such  library,  and  be  ap- 
plied by  them  to  the  purchase  of  books  for  said  library  and  to 
the  cost  of  the  maintenance  thereof,  and  said  Trustees  may 
with  the  consent  of  the  Board  of  Commissioners  of  the  county, 
when  it  shall  become  necessary  to  purchase  additional  ground 
for  the  extension  or  protection  of  library  buildings  already  es- 
tablished by  such  private  donation,  annually  levy  and  collect 
not  more  than  five  cents  on  the  hundred  dollars  upon  all  taxa- 
ble property  of  said  township  for  not  more  than  three  years 
successively,  which  shall  be  expended  by  said  Trustees  in  the 
purchase  of  said  property  and  the  erection  and  enlargement  of 
library  building  thereon. 

1.  KEPEAL  OF  ACT  OF  1895.  The  last  proviso  is  a  copy  of  the  act  of  1895 
(Acts  1895,  p.  240);  and  this  proviso  must  be  followed  instead  of  that  act. 

277.  Township  Library  Board.  8.  In  any  township 
where  a  free  public  library  is  established  as  above  provided,  there 
shall  be  established  a  Township  Library  Board  composed  of 
the  school  Township  Trustee  and  two  residents  of  the  town- 
ship, to  be  appointed  by  the  Judge  of  the  Circuit  Court  (one  of 
whom  shall  be  a  woman).  Of  the  first  two  members  of  such 
Board  so  appointed  one  shall  be  appointed  for  a, term  of  two 
years  and  one  for  four  years,  and  thereafter  the  term  of  office 
shall  be  four  years.  Such  Library  Board  shall  have  control  of 
the  purchase  of  books  and  the  management  of  such  library,  and 
shall  serve  without  compensation.  Said  library  shall  be  the 
property  of  the  school  township,  and  the  school  Township  Trus- 
tee shall  be  responsible  for  the  safe  preservation  of  the  same. 
Said  Board  shall  be  entitled  to  the  possession  and  custody  of 
any  books  remaining  in  the  old  township  library  in  such  town- 
ship ;  and  such  Board  shall  be  empowered  to  receive  donations, 
bequests  and  legacies  for  and  on  behalf  of  such  library,  and 
shall  be  entitled  to  receive  from  the  Public  Library  Commis- 
sion and  State  Librarian  copies  of  all  documents  of  this  State 
available  for  distribution.  Before  the  purchase  of  any  books 
the  Township  Library  Board  shall  consult  the  Public  Library 
Commission. 


SCHOOL    LAW   OF    INDIANA.  235 

278.  Official  documents.     9.    The  State  Librarian  and  the 
Public  Library   Commission  shall  supply  any  library  of  this 
State  with  copies  of  official  documents  and  publications  of  the 
State  in  his  custody  available  for  distribution  within  the  State. 

279.  Member  of  Commission  not  to  be  publisher.    10. 

Xo  member  of  the  Public  Library  Commission  shall  be  in  any 
way  connected  with  the  business  of  publishing  or  selling  books. 

280.  Repealing  section.     11.    All  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  this  act  are  hereby  repealed. 

[KS3,  p.  103.    Approved  March  5, 1883,  and  in  force  June  5, 1883.] 

281.  In  cities  and  towns.     1.     In  all  the  cities  and  incor- 
porated towns  in  this  State  the  Board  of  School  Trustees, Board 
of  School  Commissioners,  or  whatever  Board  may  be  established 
by  law  to  take  charge  of  the  public  or  common  schools  of  such 
city  or  incorporated  town,  shall  have  power,  if  in  their  discretion 
they  deem  it  to  the  public  interest,  to  establish  a  free  public 
library  in  connection  with  the  common  schools  of  such  city  or 
incorporated  town,  and  to  make  such  rules  and  regulations  for 
the  care,  protection  and  government  of  such  library,  and  for  the 
care  of  the  books  provided  therefor,  and  for  the  taking  from 
and  returning  to  said  library  of  such  books,  aa  the  said  Board 
may  deem  nece§sary  and  proper,  and  to  provide  penalties  for 
the  violation  thereof:     Provided,  That  in  any  city  or  incorpo- 
rated town  where  there  is  already  established  a  library  open  to 
all  the  people,  no  tax  shall  be  levied  for  the  purpose  herein 
named.     (R.  S.  1894,  §6013;  R.  S.  1897,  §6234.) 

1.  BEDFORD.     An  act  of  March  6,  1901,  applicable  only  to  Bedford,  is  omitted. 
Acts  1901,  p.  130. 

2.  Section  281  is  probably  succeeded  by  section  292  and  following  p.  241  of 
this  volume. 

[1885,  p.  120.    Approved  and  in  force  April 2, 1885.] 

282.  Libraries  in  certain  cities.     1.     Wherever  the  Board 
of  Directors  of  a  library  heretofore  situate  within  the  limits  of 
any  incorporated  town  may  have  filed  the  agreement  and  request 
with  the  Hoard  of  Trustees  of  said  town,  provided  for  in  an  act 
entitled  "An  act  supplementary  to  an  act  entitled  an  act  to 
establish  public  libraries,"  approved  February  16, 1852,  approved 
March  8,  1883,  and  the  Board  of  Trustees  of  such  town  may 
have  levied  a  tax  for  the  support  of  such  library  ki  pursuance 


236  SCHOOL    LAW    OF    INDIANA.    _ 

of  such  request  and  agreement  and  in  accordance  with  said  act, 
and  such  town  may  afterward  have  become  incorporated  as  a 
city,  the  Common  Council  of  such  city  shall  have  all  the  powers 
to  levy  tax,  and  do  all  other  things  granted  by  said  act  above 
named  to  trustees  of  towns,  and  all  the  provisions  of  said  act 
applicable  to  such  library,  and  its  relations  to  the  town  before 
its  incorporation  as  a  city  shall,  after  such  incorporation,  be 
applicable  to  such  library,  and  its  relations  to  such  city.  (R.  S. 
1894,  §  4999 ;  R.  S.  1897,  §  5164.) 

[1899,  p.  561.    Approved  March  6, 1899.    In  force  April  28, 1899.] 

283.  Tax  to  maintain.     2.     Such  Board  shall  also  have 
power  to  levy  a  tax  of  not  exceeding  one  mill  on  each  dollar  of 
taxable  property  assessed  for  taxation  in  such  city  in  each  year; 
which  tax  shall  be  placed  on  the  tax  duplicate  of  such  city,  and 
collected  in  the  same  manner  as  other  taxes;  and  when  said 
taxes  are  so  collected,  they  shall  be  paid  over  to  the  said  Board 
for  the  support  and  maintenance  of  said  public  library.     Such 
Board  shall  have  power,  and  it  shall  be  its  duty,  to  disburse  said 
fund,  and  all  revenues  derived  from  gift  or  devise,  in  providing 
and  fitting  up  suitable  rooms  for  such  library;  in  the  purchase, 
care  and  binding  of  books  therefor,  and  in  the  payment  of  sala- 
ries to  a  librarian  and  necessary  assistants. 

[1881,  p.  47.    Approved  and  in  force  March  7, 1881.] 

284.  Real  estate.     3.     Any  such  city  in  which  a  free  public 
library  may  be  established  in  accordance  with  the  terms  of  this 
act  may  acquire  by  purchase,  or  take  and  hold  by  gift,  grant,  or 
devise,  any  real  estate  necessary  for,  or  which  may  be  donated 
or  devised  for,  the  benefit  of  such  library;  and  all  revenues 
arising  therefrom,  and  the  proceeds  of  the  same,  if  sold,  shall 
be  devoted  to  the  use  of  said  library.     (R.  S.  1881,  §  4526 ;  R.  S. 
1894,  §  6016  ;  R.  S.  1897,  §  6236. 

[1885,  p.  160.    Approved  and  in  force  April  8, 1885.] 

285.  Real  estate  for  libraries.     1.    In  any  case  in  which 
the  Board  of  School  Trustees  of  any  city  of  this  State  have 
purchased  any  real  estate  for  the  use  of  a  public  library  of  said 
city,  under  sections  4524,  4525  and  4526  [§§  281,  282  and  283] 
of  the  Revised  Statutes  of  1881,  and  the  revenue  derived  from 


SCHOOL    LAW    OF   INDIANA.  237 

taxation  under  said  sections  may  have  been  or  shall  be  insuffi- 
cient to  pay  for  such  real  estate,  then  said  Trustees  be  and  they 
arc  hereby  authorized  to  pay  for  the  same  out  of  any  money  in 
the  treasury  of  such  school  city  belonging  to  the  special  school 

fund  thereof.     (R.  S.  1894,  §  6017;  R.  S.  1897,  §  6237.) 

• 

[1891,  p.  37.    Approved  and  in  force  February  26, 1891.] 

286.     School  and  library  tax  in  cities  of  30,000.    1.    In 

all  cities  of  the  State  of  Indiana  where  Boards  of  School 
Commissioners  have  been  elected  and  are  managing  the  school 
affairs  of  said  city  under  an  act  of  the  General  Assembly  of  the 
State  of  Indiana,  entitled  "An  act  providing  for  a  general  sys- 
tem of  common  schools  in  all  cities  of  thirty  thousand,  or  more, 
inhabitants,  and  for  the  election  of  a  Board  of  School  Commis- 
sioners for  such  cities,  and  denning  their  duties  and  prescribing 
their  powers,  and  providing  for  common  school  libraries  within 
such  cities,  approved  March  3,  1871,  and  the  various  acts  of 
the  General  Assembly  amendatory  thereof,  and  supplemental 
thereto,  and  in  which  the  office  of  City  Treasurer  has  been,  or, 
hereafter,  may  he,  abolished  under  and  by  virtue  of  an  act  of 
the  General  Assembly  of  the  State  of  Indiana,  entitled,  'An  act 
concerning  taxation  for  city  and  school  purposes  in  cities  con- 
taining a  population  of  over  seventy  thousand,  as  shown  by  the 
last  census  of  the  United  States;  to  abolish  the  offices  of  City 
Assessor  and  City  Treasurer  in  such  cities,  and  provide  for  the 
discharge  of  the  duties  of  such  offices,  and  repealing  laws  in 
conflict  therewith,  approved  February  21,  1885,'"  such  Boards 
of  School  Commissioners  be  and  they  are  hereby  authorized 
and  empowered,  in  the  manner  and  form  in  which  they  are  now 
by  law  authorized  to  levy  taxes,  levy  taxes  for  the  support  of 
the  schools  within  such  city,  including  such  taxes  as  may  be 
required  for  paying  teachers,  in  addition  to  the  taxes  now 
authorized  to  be  levied  by  the  General  Assembly  of  the  State  of 
Indiana,  not  to  exceed,  however,  in  any  one  year,  the  sum  of 
twenty-five  cents  on  the  one  hundred  dollars  of  the  taxable 
property  as  shown  by  the  certificate  showing  the  assessment 
and  valuation  for  taxation  of  all  taxable  real  and  personal  and 
railroad  property  of  such  city,  required  to  be  delivered  to  said 
Board  of  School  Commissioners  bv  section  8  of  the  said  act  of 


238  SCHOOL    LAW    OF   INDIANA. 

the  General  Assembly  of  the  State  of  Indiana,  approved  Febru- 
ary 21,  1885,  and  also  to  levy  a  tax  each  year  not  exceeding 
four  cents  on  each  one  hundred  dollars  t)f  the  taxable  property 
in  said  city,  as  shown  by  said  certificate,  for  the  support  of  free 
public  libraries,  in  connection  with  the  common  schools  of  said 
city,  and  to  disburse  any  and  all  revenues  raised  by  such  tax 
levied  for  library  purposes,  in  the  purchase  of  books  and  in  the 
fitting  up  of  suitable  rooms  for  such  libraries,  salaries  to  libra- 
rians and  other  expenses  necessarily  incident  to  the  maintenance 
of  such  library ;  also,  to  make  and  enforce  such  regulations  as 
they  may  deem  necessary  for  the  taking  out,  and  returning  to, 
and  for  the  proper  care  of  all  books  belonging  to  such  libraries, 
and  to  prescribe  penalties  for  the  violation  of  such  regulations. 
(E.  S.  1894,  §  5944;  R.  S.  1897,  §  6240.) 

1.  To  WHAT  CITIES  APPLICABLE.  This  and  the  next  four  sections  at  pres- 
ent apply  only  to  the  city  of  Indianapolis. 

287.  County  Treasurer  reports  to  Board  of  School  Com- 
missioners. 2.  In  all  cities  in  the  State  of  Indiana,  where 
Boards  of  School  Commissioners  have  been  elected  and  are 
managing  the  school  aiFairs  of  said  city,  under  and  by  virtue 
of  said  act  of  the  General  Assemby  of  the  State  of  Indiana,  ap- 
proved March  3,  1871,  and  in  which  the  office  of  City  Treasurer 
has  been,  or  may  hereafter  be,  abolished,  under  and  by  virtue 
of  said  act  of  the  General  Assembly  of  the  State  of  Indiana, 
approved  February  21,  1885,  as  mentioned  and  described  in  the 
first  section  of  this  act,  it  shall  be  the  duty  of  the  County  Treas- 
urer, on  and  after  making  his  settlement  with  the  County  Audi- 
tor on  the  third  Monday  of  April,  1891,  and  the  payment  to 
the  Board  of  School  Commissioners  of  the  amount  by  such 
settlement  found  to  be  due  to  it,  as  required  by  section  13  [R. 
S.  1894,  §  3758;  R.  S.  1897,  §  1283;  Acts  1885,  p.  13]  of  the  last 
above  named  act,  at  the  close  of  each  calendar  month,  to  make 
report,  duly  verified  by  his  oath,  to  said  Board  of  School  Com- 
missioners of  all  taxes  and  delinquent  taxes  collected  within 
said  month,  and  thereafter,  upon  demand  of  the  Treasurer  of 
said  Board  of  School  Commissioners,  to  pay  to  him,  for  the  use 
of  said  Board  of  School  Commissioners,  the  full  amount  of  said 
taxes  and  delinquent  taxes  shown  by  said  report  to  have  been 
collected.  Upon  such  payment  being  made,  the  Treasurer  of 


SCHOOL    LAW    OF    INDIANA.  239 

the  Board  of  School  Commissioners  shall  execute  to  said  County 
Treasurer  his  receipt  for  the  amount  of  money  so  paid,  which 
receipt  the  latter  shall  deliver  to  the  Secretary  of  the  Board  of 
School  Commissioners,  who  shall  give  him  a  quietus  therefor, 
and  credit  said  County  Treasurer  with  the  amount  thereof,  and 
charge  such  amount  to  the  Treasurer  of  said  Board  of  School 
Commissioners.  (R.  S.  1894,  §  5745 ;  R.  S.  1897,  §  6241.) 

288.  County  Treasurer's  credits.     3.    Said  County  Treas- 
urer shall,  thereafter  in  his  settlement  with  the  County  Auditor, 
made  as  required  by  law,  on  the  third  Monday  of  April,  and 
the  first  Monday  of  November,  in  each  year,  present  such  qui- 
etuses to  the  County  Auditor,  who  shall  give  such  County  Treas- 
urer credit  therefor  as  against  the  sums  with  which  he  is  charge- 
able upon  account  of  the  collection  of  such  school  taxes.     (R. 
S.  1894,  §  5746;  R,  S.  1897,  §  6242.) 

1.     REPEALING    SECTION.     The  fourth   section   expressly   repeals  the  act  of 
1889,  p.  432,  on  the  same  subject. 

[1901,  p.  10.    Approved  and  in  force  February  13, 1901.] 

289.  School  and  library  tax  in  cities  of  15,000  and 

30,000.  I-  In  all  cities  in  the  State  of  Indiana  where  Boards 
of  School  Commissioners  have  been  elected  and  are  managing 
the  school  aftairs  of  said  city  under  an  act  of  the  General  As- 
sembly of  the  State  of  Indiana,  entitled  "An  act  providing  for 
a  general  system  of  common  schools  in  all  cities  of  thirty  thou- 
sand or  more  inhabitants,  and  for  the  election  of  a  Board  of 
School  Commissioners  for  such  cities,  and  defining  their  duties 
and  prescribing  their  powers  and  providing  for  common  school 
libraries  within  such  cities,"  approved  March  3,  1871,  and  the 
various  acts  of  the  General  Assembly  amendatory  thereof  and 
supplemental  thereto,  and  in  all  cities  in  the  State  of  Indiana 
of  15,000  or  more  inhabitants,  where  Boards  of  School  Trustees 
have  been  elected  and  qualified  under  an  act  of  the  General  As- 
sembly of  the  State  of  Indiana,  entitled,  "An  act  to  amend 
Section  one  of  an  act  entitled  'An  act  to  amend  an  act  entitled 
'An  act  to  provide  for  a  general  system  of  common  schools,  the 
officers  thereof  and  their  respective  powers  and  duties,  and  mat- 
ters properly  connected  therewith,  and  prescribing  the  fees  for 
certain  officers  therein  named,  and  for  the  establishment  and 


240  SCHOOL    LAW    OF    INDIANA. 

regulation  of  township  libraries,  and  to  repeal  all  laws  incon- 
sistent therewith,  providing  penalties  therein  prescribed,  ap- 
proved March  6, 1865,  and  adding  supplemental  sections  thereto,' 
approved  March  8,  1873,"  (approved  March  12,  1875),  being 
Section  4439  of  the  Revised  Statutes  of  1881,  such  Board  of 
School  Commissioners  be  and  they  are  hereby  authorized  and 
empowered  to  issue  bonds  in  any  sum  not  exceeding  one  hun- 
dred thousand  dollars,  for  the  purpose  of  erecting  buildings  for 
library  and  school  offices  to  be  used  in  connection  with  the 
common  schools  of  said  city.  Such  bonds  to  bear  interest  not 
exceeding  five  per  cent,  per  annum  payable  after  eleven  years 
from  the  date  thereof  and  within  twenty  years  from  the  date 
thereof,  as  follows,  to- wit :  One-tenth  thereof  to  be  paid  eleven 
years  from  date,  and  one-tenth  thereof  to  be  paid  each  succeed- 
ing year  until  all  are  paid ;  the  money  obtained  from  the  sale 
of  such  bonds  shall  be  disbursed  by  said  Board  of  School  Com- 
missioners and  said  Board  of  School  Trustees,  respectively,  in 
the  erection  of  a  building  for  the  library  and  school  offices  to 
be  used  in  connection  with  the  common  schools  of  said  city. 
Such  bonds  shall  be  designated  "Library  Building  Bonds,"  and 
may  be  issued  in  such  denominations,  and  in  such  sums  from 
time  to  time  as  the  Board  of  School  Commissioners,  or  the 
Board  of  School  Trustees,  respectively,  may  deem  expedient; 
and  each  of  said  bonds  shall  upon  its  face  designate  the  date  of 
the  maturity  thereof:  Provided,  That  at  no  time  shall  the 
amount  of  bonds  so  issued  for  such  purpose  by  any  such  Board 
of  School  Commissioners  exceed  the  sum  of  one  hundred  thou- 
sand dollars;  and  that  said  Board  of  School  Commissioners,  or 
said  Board  of  School  Trustees,  shall  have  no  power  to  issue  any 
renewal  thereof,  but  the  same  shall  be  paid  at  maturity  as  here- 
inafter provided :  And,  provided  further.  That  such  bonds  shall 
not  be  sold  for  less  than  their  par  value. 

1.     The  act  referred  to  is  §§  169  to  214. 

290.  Payment  of  bonds.  2,  If  the  Board  of  School  Com- 
missioners, or  the  Board  of  School  Trustees,  in  any  city  shall 
exercise  the  powers  granted  to  it  by  this  act,  it  shall  provide 
for  the  payment  of  said  bonds  as  follows :  At  the  time  of  the 
levying  of  the  taxes  for  the  year  which  shall  be  collectible  imme- 


SCHOOL    LAW    OF   INDIANA.  241 

diately  before  the  maturity  of  the  first  maturing  of  said  bonds, 
said  Board  of  School  Commissioners  and  said  Board  of  School 
Trustees,  respectively,  shall  levy,  in  addition  to  the  levy  of  taxes 
they  may  be  authorized  to  make  for  other  purposes,  a  tax  upon 
all  property  subject  to  taxation  by  it  sufficient  to  pay  the  first 
maturing  of  such  bonds,  and  apply  the  money  raised  thereby  to 
the  payment  thereof;  and  each  year  thereafter  said  Board  of 
S-hool  Commissioners  and  said  Board  of  School  Trustees,  re- 
spectively, shall  levy  such  tax,  and  apply  the  proceeds  thereof 
to  the  payment  of  the  bonds  successively  maturing  until  all 
shall  have  been  paid. 

[1901,  p.  81.    Approved  and  in  force  March  4, 1901.] 

292.    City  and  town  tax  for  library — Subscription.    1. 

The  Common  Council  of  any  city,  or  the  Town  Board  of  any 
incorporated  town  within  this  State  desiring  to  establish,  in- 
crease and  maintain  a  public  library  in  such  city  or  town,  open 
to  and  for  the  use  and  benefit  of  all  the  inhabitants  thereof, 
may  levy  a  tax  annually  of  not  to  exceed  six-tenths  of  a  mill 
on  each  dollar  of  all  the  taxable  property  assessed  for  taxation 
in  such  city  or  town,  as  shown  by  the  tax  duplicate  for  the  year 
immediately  preceding  the  fixing  of  such  levy,  which  tax  shall 
be  placed  on  the  tax  duplicate  of  such  city  or  town  and  collected 
in  the  same  manner  as  other  taxes  are  levied  and  collected,  and 
such  levy  shall  be  certified  to  the  Clerk  of  the  Circuit  Court. 
If  the  Common  Council  of  such  city,  or  the  Town  Board  of 
such  incorporated  town  do  not  make  such  levy  they  shall  do  so 
at  the  next  ensuing  levy,  and  annually  thereafter,  after  taxpay- 
ers <>f  such  city  or  town  raise  by  popular  subscription,  for  each 
of  the  two  years  immediately  following  the  date  of  the  comple- 
tion of  such  subscription,  a  sum  of  money  equal  to  the  amount 
that  would  be  derived  from  a  tax  levy  of  two-tenths  of  a  mill 
on  each  dollar  of  the  taxable  property  assessed  for  taxation  in 
such  city  or  town  as  shown  by  the  tax  duplicate  immediately 
•I'ding  the  completion  of  such  subscription  :  Provided,  That 
not  more  than  two  per  cent,  of  the  entire  amount  necessary  to 
he  subscribed  shall  be  subscribed  by  any  one  person,  firm  or 
corporation  of  such  city  or  incorporated  town.  The  amount  of 
money  so  subscribed,  as  herein  provided,  for  public  library 

16— Sen.  LAW. 


242  SCHOOL    LAW    OF    INDIANA. 

purposes,  shall  be  made  to  fall  due  and  be  payable  in 
eight  equal  quarterly  installments,  the  first  installment  shall 
become  due  and  be  payable  on  the  first  Monday  of  the  second 
month  following  the  date  of  the  completion  and  filing  of  such 
subscription,  as  hereinafter  provided,  and  one  installment  shall 
become  due  and  be  payable  on  the  first  Monday  of  each  third 
month  thereafter,  till  all  of  each  subscription  is  paid.  The  sub- 
scriptions shall  be  collected  by  the, Public  Library  Board, 
hereby  created,  as  hereinafter  provided. 

293.  Subscriptions  filed  with  Clerk  of  Circuit  Court.    2. 

The  subscription  list  for  said  money  shall  be  filed  with  the 
Clerk  of  the  Circuit  Court  of  the  county  in  which  such  city  or 
incorporated  town  is  located.  The  said  Clerk  of  the  Court  im- 
mediately thereafter  shall  notify  the  Judge  of  the  Circuit  Court 
of  said  county  that  such  subscription  has  been  filed,  and  he 
shall  likewise  notify  the  Common  Council  or  Town  Board  and 
the  Board  of  School  Trustees  of  such  city  or  town  proposing  to 
establish  a  public  library,  that  said  subscription  has  been  filed. 
The  original  subscription  list  shall  be  preserved  by  the  Clerk 
of  the  Circuit  Court  and  by  him  placed  in  the  hands  of  the 
Public  Library  Board,  when  the  Board  shall  have  been  ap- 
pointed as  hereinafter  provided. 

294.  Members  of  Library  Board,  Appointment — Quali- 
fication.    3.     Within  ten  days  after  the  said  Judge  of  the  Cir- 
cuit Court  shall  have  been  notified,  as  above  provided,  that  such 
subscription  list  has  been  filed  with  the  Clerk  of  the  Circuit 
Court,  if  one  has  been  filed  to  secure  the  levying  of  such  tax, 
or  that  the  Common  Council  has  certified  to  such  Clerk  that  the 
levy  as  provided  herein  has  been  made,  it  shall  be  the  duty  of 
said  Judge  to  examine  such  subscription  list,  and  if  it  be  found 
that  an  amount  of  solvent  subscription  has  been  made,  equal  to 
the  amount  required  by  Section  1  of  this  act,  then  he  shall  order 
copy  of  such  subscription  list  spread  upon  the  records  of  said 
court,  and  he  shall  appoint  three  persons,  resident  of  such  city 
or  town,  as  members  of  such   Public   Library   Board,    one  of 
whom  he  shall  appoint  for  one  year,  one  for  two  years  and  one 
for  three  years  from  the  date  of  this  [their]  appointment,  and 
all  appointments  so  made  by  the  Judge  of  the  Court  shall  be 


SCHOOL    LAW    OF    INDIANA.  243 

entered  in  the  order  books  of  said  court.  Within  ten  days  after 
the  Common  Council  or  the  Town  Board  and  the  Board  of 
School  Trustees  have  been  notified,  as  above  provided,  each 
body  shall  appoint  two  persons,  also  residents  of  such  city  or 
town,  not  otherwise  appointed  as  members  of  such  board,  who 
shall  become  members  of  such  Public  Library  Board.  The 
inci iibers  so  appointed  by  the  Common  Council  or  Town  Board 
at  the  first  appointment  under  this  act,  shall  serve  for  a  period 
of  one  year,  and  after  the  first  appointment,  all  appointments 
made  by  the  Common  Council  or  Town  Board  shall  be  for  a 
period  of  two  years.  The  Board  of  School  Trustees  shall  ap- 
point its  members  for  a  term  of  two  years,  who  may  be  from 
their  own  board,  and  all  members  appointed  as  herein  provided, 
shall  serve  until  their  successors  are  appointed  and  qualified : 
Prnrided,  That  women  may  be  eligible  to  appointment  as  mem- 
bers of  such  Public  Library  Board,  and  not  less  than  three  of 
the  members  appointed  shall  be  women.  The  Judge,  Common 
Council  or  Town  Board,  and  the  Board  of  School  Trustees,  in 
making  the  appointments,  shall  select  persons  of  well-known 
probity,  integrity,  business  ability  and  experience,  and  who  are 
fitted  for  the  character  of  the  work  they  are  to  perform,  and 
who  shall  have  resided  for  a  period  of  not  less  than  five  years 
immediately  preceding  their  appointment  in  the  city  or  town 
for  which  they  are  appointed,  and  who  shall  not  be  less  than 
twenty-five  years  of  age  at  the  time  of  appointment,  and  who 
shall  serve  without  compensation  for  services.  In  case  of  a  va- 
cancy on  such  board  from  any  cause,  it  shall  be  the  duty  of  said 
Judge,  Common  Council  or  Town  Board,  and  the  Board  of 
School  Trustees  to  fill  such  vacancy  occurring  in  the  membership 
appointed  by  each  respectively. 

295.  Certificates  of  appointment— Oath,  4.  All  appoint- 
ments to  membership  on  the  Pub"lic  Library  Board  shall  be  evi- 
denced by  certificates  of  appointment,  duly  signed  by  the  Judge 
as  to  members  appointed  by  him,  by  the  Mayor  or  President  of 
the  Town  Board,  and  by  the  President  of  the  Board  of  School 
Trustees  as  to  members  respectively  appointed  by  them,  which 
certificates  of  appointment  shall  be  handed  to  or  mailed  to  the 
address  of  the  appointee.  *  Within  ten  days  after  receiving  such 
certificate  of  appointment  such  appointee  shall  qualify  by  tak- 


T44  SCHOOL    LAW    OF   INDIANA. 

ing  the  oath  of  office  before  the  Clerk  of  the  Court,  that  such 
appointee  will  faithfully  discharge  the  duties  as  a  member  of 
the  Public  Library  Board  to  the  best  of  his  ability,  and  shall 
file  such  certificate,  with  the  oath  endorsed  thereon,  with  the 
Clerk  of  the  Circuit  Court  of  the  county  in  which  such  library 
is  to  be  established. 

296.  Organization.     5.     Within    five    days    after   all  the 
members  of  such  Board  shall  have  been  appointed  and  qualified, 
they  shall  meet  and  organize  by  electing  one  of  their  number 
president,  one  vice-president  and  one  secretary,  and  shall  select 
such  committees  or  executive  board  as  they  may  deem  neces- 
sary to  carry  on  the  work  of  the  Board. 

297.  Library  Board — Powers.     6.    The    seven    members 
thus  appointed  shall  constitute  and  be  known  as  the  Public 
Library  Board  and  shall  have  the  control  of  the  public  library 
funds,  and  the  custody  and  control  of  all  the  books  and  other 
property  of  every  name  and  description,  and  shall  have  the 
power  to  direct  all  the  affairs  of  such  public  library ;  and  such 
Public  Library  Board,  in  the  name  of  the  library,  shall  be  em- 
powered to  receive  donations,  bequests  and  legacies,  and  to  re- 
ceive and  convey  real  estate  for  and  on  behalf  of  such  library, 
and  shall  be  entitled  to  receive  from  the  Public  Library  Com- 
mission copies  of  all  documents  and  publications  of  the  State 
available  for  distribution.     They  shall  have  the  power  to  make 
and  enforce  rules  for  the  management  of  such  libraries  as  they 
may  deem  necessary,  and  to  employ  librarians  and  assistants. 

298.  Subscriptions  collected— Buildings— Tax.   7.  When 
such  Public  Library  Board  shall  have  organized  for  the  trans- 
action of  business,  there  shall  be  placed  in  its  hands  by  the 
said  Clerk  of  the  Circuit  Court  the  original  subscription  list,  if 
any  has  been  made,  for  the  procuring  of  the  levy  of  the  tax,  as 
herein  provided,  and  it  shall  be  the  duty  of  such  Library  Board 
to  collect  quarterly  all  money  subscribed,  as  the  same  becomes 
due,  as  provided  for  in  Section  1  of  this  act,  and  pay  the  same 
over  to  the  Treasurer  of  such  city  or  town,  and  to  expend  the 
same  in  the  establishment,  equipment,  enlargement  and  man- 
agement of  a  public  library,  in  the  manner  as  provided  for  in 


SCHOOL   LAW   OF   INDIANA.  245 

Section  eight,  which  shall  be  open  to  and  for  the  use  and  benelit 
of  all  the  inhabitants  of  the  city  or  town  in  which  the  same  is 
located,  and  such  Library  Board  may  use  such  sum  for  the  pur- 
chase of  a  building  site  and  the  erection  of  a  library  building 
as  the  Board  may  decide.  It  shall  be  the  duty  of  such  Library 
Board  to  determine  the  rate  of  taxation  that  shall  be  necessary 
to  establish,  increase,  equip  and  maintain  the  public  library  and 
certify  the  same  to  the  Common  Council  or  Town  Board  and 
to  the  County  Auditor:  Provided,  That  said  levy  shall  not  ex- 
ceed six-tenths  of  a  mill  on  each  dollar  of  all  the  taxable  prop- 
erty assessed  for  taxation  in  such  city  or  town,  as  shown  by  the 
tax  duplicate  for  the  year  immediately  preceding  the  fixing  of 
such  levy.  When  the  assessment  for  such  public  library  pur- 
poses shall  be  certified  to  the  Common  Council  or  Town  Board 
and  the  Auditor,  by  the  Public  Library  Board,  the  same  shall 
be  placed  upon  the  tax  duplicate  of  such  county  and  city  or 
town  and  collected  in  like  manner  as  other  taxes  are  levied  and 
collected. 

298.  Tax,  how  used.     8.     The  tax  so  levied  as  provided 
for  in  sections  1  and  7  of  this  act  -shall  be  held  and  kept  as  a 
separate  fund  by  the  Treasurer  of  such  city  or  incorporated 
town  for  public  library  purposes,  as  herein  provided,  and  he 
shall  pay  out  the  same  for  library  purposes  only  upon  the  war- 
rant of  the  President  of  the  Library  Board,  countersigned  by 
the  Secretary  thereof.     The  Treasurer  of  such  city  or  town 
shall  be  liable  on  his  official  bond  for  the  faithful  performance 
of  the  duties  imposed  upon  him  by  this  act. 

299.  Use  of  library — Certificate  of  membership — Town- 
ship may  use.     9.     When  a  public  library  shall  have  been 
established  in  any  city  or  incorporated  town  in  this  State  under 
the  provisions  of  this  act,  such  library  shall  be  open  and  free 
for  the  use  and  benefit  of  all  the  inhabitants  of  the  township  in 
which  such  library  shall  be  located,  provided  the  Township  Ad- 
visory Board  of  the  township  in  which  such  library  is  located, 
.shall  levy  and  collect  a  tax  of  two-tenths  of  a  mill  on  each  dol- 
lar of  all  the  taxable  property  assessed  for  taxation  in  said 
township,  as  shown  by  the  tax  duplicate  for  the  year  immedi- 
ately preceding  the  fixing  of  such  levy,  exclusive  of  the  prop- 


246  SCHOOL    LAW    OF   INDIANA. 

erty  of  such  city  or  town  already  taxed  for  said  library,  and 
collect  and  pay  the  same  over  to  the  Treasurer  of  such  city  or 
town  where  such  library  is  located,  to  be  held  by  such  Treas- 
urer as  a  part  of  the  public  library  fund.  Said  library  shall 
remain  open  and  free  for  the  use  and  benefit  of  all  the  inhabit- 
ants of  such  township,  so  long  as  said  tax  as  herein  provided 
and  specified  shall  be  levied,  collected  and  paid  over  to  the 
Treasurer  of  such  city  or  town  for  the  use  of  said  library  board 
for  the  purpose  herein  named.  When  the  public  library  of  any 
city  or  town  is  not  so  open  and  free  for  the  use  and  benefit  of 
the  inhabitants  of  any  township,  by  reason  of  such  township 
failing  to  levy  and  collect  the  tax  herein  required,  the  Public 
Library  Board  may  issue  and  sell  certificates  or  library  cards  to 
any  person  or  family  resident  in  such  township  at  such  annual 
fee  as  may  be  deemed  by  them  to  be  a  fair  compensation  for 
such  privilege,  and  such  library  cards  shall  give  to  the  pur- 
chaser thereof  the  same  rights  and  privileges  as  the  inhabitants 
of  the  city  or  incorporated  town. 

300.  Donation  of  library.  10.  If  any  city  or  incorpo- 
rated town  in  this  State  where  a  library  of  the  value  of  an 
amount  equal  to  the  amount  of  money  that  would  be  derived  from 
a  tax  levy  of  three-tenths  of  a  mill  on  each  dollar  of  valuation  of 
the  taxable  property  within  such  city  or  town  assessed  for  taxa- 
tion, as  is  shown  by  the  preceding  tax  duplicate  of  said  city  or 
town,  is  already  established  and  maintained  under  any  existing 
law  of  this  State,  and  whenever  the  Managing  Board  of  such 
library  already  so  existing  and  maintained  shall  tender  the 
ownership,  custody  and  control  of  said  library  free  of  expense 
to  such  Public  Library  Board  for  the  uses  and.  purpose  of  a 
public  library  as  contemplated  by  this  act,  which  tender  of  cus- 
tody and  control  thereof  shall  be  evidenced  by  a  certificate 
issued  by  the  Managing  Board  thereof  and  filed  in  triplicate 
with  the  Clerk  of  the  Circuit  Court  of  the  county  wherein  said 
city  or  town  is  located,  with  the  Clerk  of  said  city  or  town  and 
the  Secretary  of  the  Board  of  School  Trustees  in  the  manner 
and  form  as  prescribed  in  the  certificates  of  popular  subscrip- 
tion contained  in  section  2  of  this  act,  which  certificates  shall 
show  the  value  of  such  library.  A  Public  Library  Board  shall 
be  appointed  as  in  the  manner  as  set  forth  in  this  act,  except 


SCHOOL    LAW    OF    INDIANA.  247 

such  Board  shall  be  appointed  only  when  the  Common  Council 
or  Town  Board  have  decided  by  a  majority  vote  of  the  mem- 
bers thereof  to  accept  such  library  and  to  levy  annually  and 
collect  a  tax  as  other  taxes  are  levied  and  collected,  and  not  to 
exceed  six-tenths  of  a  mill  on  each  dollar  of  valuation  of  taxa- 
ble property  of  such  city  or  town,  as  herein  specified.  Said 
Council  or  Town  Board  shall  certify  its  said  decision  of  accept- 
ance, attested  by  the  Clerk  of  said  city  or  town,  and  the  Mayor 
of  such  city  or  President  of  such  Town  Board  to  the  Judge  of 
the  Circuit  Court  and  the  Secretary  of  said  Board  of  School 
Trustees,  whereupon  said  Judge,  City  Council  or  Town  Board 
and  Board  of  School  Trustees  shall  proceed  to  appoint  said 
Public  Library  Board  in  the  manner  and  form  and  to  all  intents 
and  purposes  as  is  done  by  the  voluntary  levy  of  such  tax  by 
the  Council  or  Town  Board,  or  the  popular  subscription  filed 
with  the  Clerk  of  the  Court  as  hereinbefore  provided. 

301.  Removal  of  member  of  Board.    11.    The  Judge  of 
the  Circuit  Court,  the  Common  Council  or  Town  Board  and  the 
Board  of  School  Trustees  may  at  any  time,  for  cause  shown, 
remove  any  member  of  such  Library  Board  that  may  have 
been  appointed  by  each,  respectively,  and  fill  the  vacancy  occa- 
sioned thereby  as  provided  for  in  section  three  of  this  act. 

302.  Treasurer's  report.     12.     The  Treasurer  of  such  city 
or  incorporated  town,  operating  libraries  under  this  act,  shall 
make  and  file  witli  the  Common  Council  or  the  Town  Board 
thereof,  not  later  than  the  15th  day  of  January  of  each  year,  an 
itemized  statement,  under  oath,  of  all  the  receipts  and  disburse- 
ments of  such  Public  Library  Board  for  the  year  ending  De- 
cember 31,  immediately  preceding  the  making  and  filing  of  such 
report,  and  such  report  shall  contain  an  itemized  statement  of 
the  sources  of  all  receipts,  all  disbursements  made  and  the  pur- 
pose for  which  the  same  were  made,  and  such  annual  report 
shall  be  open  to  inspection  of  the  citizens  of  such  city  or  town, 
and  also  the  township  in  which  such  city  or  town  is  located, 
providing  the  township  has  complied  with  the  provisions  of 
section  9  herein. 

303.  Repealing  section.     13.    All  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  this  act  are  hereby  repealed : 


248  SCHOOL    LAW    OF    INDIANA. 

Provided,  That  this  act  shall  not  interfere  with  the  maintenance 
or  management  of  any  existing  library  already  established  and 
operating  under  the  laws  of  this  State. 

[1901,  p.  14.    Approved  and  in  force  February  13, 1901.] 

304.  Libraries  in  cities  of  3,500  to  4,000.    1.    Cities 
having  a  population  of  thirty -five  hundred  by  the  census  of 
1900,  and  not  more  than  four  thousand,  be,  and  they  are  hereby 
authorized  to  accept  a  tender  of  the  custody  and  control  of  li- 
braries established  by  library  associations,  incorporated  or  other- 
wise, provided  such  libraries  contain  at  least  three  thousand 
volumes,  and  to  levy  a  tax  of  not  more  than  five  cents  on  the 
one  hundred  dollars  of  valuation  of  taxable  property  within 
such  cities  for  the  maintenance  thereof. 

1.  NOTE.  This  statute  applies  only  to  Auburn,  Garrett,  Gas  City,  Green- 
castle,  Plymouth,  Tipton,  Warsaw,  Whiting  and  Winchester.  It  does  not  apply 
to  towns  having  over  3,500  and  less  than  4,000  inhabitants  according  to  the  census 
of  1900. 

305.  Acceptance  of  library.     2.     Such  acceptances  shall 
be  indicated  by  a  resolution  of  the   Common  Council  of  such 
city,  whereupon  the   Mayor  of   said    city  shall   appoint   three 
reputable  citizens  of  said  city,  not  more  than  two  of  whom  shall 
belong  to  the  same  political  party,  as  a  Board  of  Library  Direc- 
tors, one  member  of  said  board  to  serve  until  the  first  day  of 
June   next   succeeding,   one   member   of  said   board  to   serve 
until   one   year   thereafter,   the   said   first   day   of   June   next 
succeding,    and    one   member   of    said    Board   to   serve   until 
two  years  thereafter,  said  first  day  of  June  next  succeeding,  and 
a  member  of  said  board  shall  be  appointed  by  the  Mayor  of 
said  city  each  year  whose  term  of  ofiice  shall  commence  on  the 
first  day  of  June  of  that  year.     Such  board  shall  organize  on 
the  first  day  of  June  of  each  year  by  electing  one  of  its  number 
as  president,  one  of  its  number  as  secretary,  and  one  of  its 
number  as  treasurer,  which  treasurer  shall  give  a  bond  with  free- 
hold sureties  subject  to  the  approval  of  the  Common  Council, 
to  faithfully  account  for  all  funds  which  may  conre  into  his 
hands  as  such  treasurer.     They  shall  be  sworn  by  the  Mayor  to 
an  honest  and  faithful  discharge  of  their  duties.     Tb.Q  bond  of 
the  treasurer  shall  be  made  payable  to  the  city. 


SCHOOL   LAfr    OF   INDIANA.  249 

306.  Payment  of  taxes— Control.  &.  The  Treasurer  of 
the  Board  of  Library  Directors  shall  receive  from  the  City 
Treasurer  all  taxes  collected  for  library  purposes  and  pay  out 
the  same  on  the  order  of  the  board.  The  Board  of  Directors 
shall  have  the  custody  arid  control  of  such  library,  subject  to 
any  rules  adopted  by,  or  orders  of  the  Common  Council,  employ 
a  librarian,  if  the  members  of  said  board  deem  it  necessary,  fix 
and  pay  the  compensation  of  such  librarian,  pay  all  necessary 
expenses  of  maintaining  such  library,  and  buy  new  books  to  add 
to  such  library  as  the  library  fund  may  justify,  but  in  no  case 
shall  such  board  be  authorized  to  incur  any  liabilities  in  excess 
of  the  available  funds  on  hand. 


307.  Privileges  of  library.     4.    Any  resident  of  said  city 
shall  he  entitled  to  the  use  of  the  books  in  such  library  free  of 
charge  upon  compliance  with  such  rules  and  regulations  as  may 
he  prescribed  by  the  Board  of  Directors,  and  .the  Board  of  Di- 
rectors may  prescribe  such  rules  and  regulations  as  they  may 
see  tit  for  the  government  and  control  of  such  libraries,  if  the 
said  rules  and  regulations  are  not  in  conflict  with  any  order  of 
the  Common  Council  of  such  city  with  reference  to  such  library, 
and  the  government  and  control  thereof.    Such  Board  of  Direc- 
tors shall  make  a  detailed  report  to  the  Common  Council  at  the 
end   of   each  annual   term,  accompanied  by  the  report  of  the 
treasurer  and  showing  all  receipts  and  expenditures  by  him,  and 
attested  by  the  president  and  secretary.     Such  directors  shall 
serve  without  compensation  for  services. 

308.  Removal  of  Directors.     5.    The  Common  Council  or 
the  Mayor,  upon  cause  shown,  may  at  any  time  remove  any 
member  of  the  Board  of  Library  Directors,  and  upon  such  re- 
moval or  the  creation  of  a  vacancy  otherwise,  the  Mayor  shall 
till  the  vacancy  by  appointment. 

309.  Library  fund.     6.     The  tax  authorized  by  Section  1 
of  this  act  shall  be  levied  and  collected  as  other  taxes  are  levied 
and  collected,  but  shall  constitute  a  special  fund  to  be  known  as 
the  library  fund. 


250  SCHOOL    LAW    OF    INDIANA. 

[1865,  p.  §.    Approved  and  in  force  March  6, 1865.] 

310.  Township  Trustee  in  charge.     136.     Such    library 
shall  be  in  charge  of  the  Township  Trustee,  shall  be  deemed 
the  property  of  the  township,  and  shall  not  be  subject  to  sale  or 
alienation  from  any  cause  whatever.     (11.  S.  1881,  §4529;  R.  S. 
1894,  §  6020 ;  R.  S.  1897,  §  6245.) 

1.     NOTE.     This   section   is]  repealed,    except   so  much  as  relates  to  sale  or 
alienation  of  the  library. 

311.  Trustee's   duties.     137.     Such   Trustee    shall  be    ac- 
countable for  the  preservation  of  said  library ;  may  prescribe 
the  time  of  taking  and  the  period  of  retaining  books ;  assess 
and  recover  damages  done  to  them  by  any  person ;  and  adopt 
regulations  necessary,  for  their  preservation  and  usefulness.    He 
shall  provide  book-cases ;   also,  blank  books,  ruled,  in  which 
to  keep  an  account  of  books  taken  out  and  returned;  and  re- 
port the  number  each  year  to  the  County  Superintendent.     At 
the  commencement  of  each  school  term,  at  each  school  house 
in  the  township,  he  shall  cause  a  notice  to  be  posted  up,  stating 
where  the  library  is  kept,  and  inviting  the  free  use  of  the  books 
thereof  by  the  persons  of  the  township.     (R.  S.  1881,  §4530; 
R.  S.  1894,  §6021;  R.  S.  1897,  §624d.) 

1.     NOTE.     This  section  is  repealed,  except  so  much  as  relates  to  giving  notice 
where  the  library  is  kept. 

312.  Use  of  books.     138.     Every  family  in  the  township 
shall  be  entitled  to  the  use  of  two  volumes  at  a  time  from  said 
library,  whether  any  member  of  such  family  shall  attend  school 
or  not.     (R.  S.  1881,  §4531;    R.  S.  1894,  §6022;    R.  S.  1897, 
§  6247.) 

313.  Where   kept.     139.     The   Trustee   may    deposit    the 
library  at  some  central  or  eligible  place  in  the  township,  for  the 
convenience  of  scholars  arid  families,  and  may  appoint,  for  that 
purpose,  a  librarian  to  have  the  care  and  superintendence  there- 
of.    (R.  S.  1881,  §  4532 ;  R,  S.  1894,  §  6023 ;  R.  S.  1897,  §  6248.) 

1.  NOTE.     The  Township  Library  Commission  has  charge  of  the  library. 

2.  It  is  quite  probable  that  the  courts  would  hold  sections  312  and  313  void 
on  account  of  subsequent  legislation. 

314.  When  open.     140.     The  library  shall  be  open  to  all 
persons  entitled  to  its  privileges  throughout  the  year,  without 
regard  to  school  sessions,  Sundays  and  holidays  excepted.     (R. 
S.  1881,  §4533;  R.  S.  1894,  §6024;  R,  S.  1897,  §6249.) 


SCHOOL    LAW    OF    INDIANA.  251 

[1885,  p.  9.    Approved  and  in  force  February  18, 1885.J 

315.  Tax  levy  for  library.    1.    Any  township  in  which 
there  has  been,  or  may  hereafter  be,  established  by  private  dona- 
tions, a  library  of  the  value  of  one  thousand  dollars,  or  more, 
for  the  use  and  benefit  of  all  the  inhabitants  thereof,  the  Town- 
ship Trustee  of  such  township  shall  annually  levy  and  collect 
not  more  than  one  cent  on  the  hundred  dollars  upon  the  taxa- 
ble property  within  the  limits  of  such  township,  which  shall  be 
paid  to  the  trustees  of  such  library,  and  be  applied  by  them  to 
the  purchase  of  books  for  said  library,  and  may,  with  the  con- 
sent of  the  Board  of  Commissioners  of  the  county,  when  it 
shall  become  necessary  to  erect  or  enlarge  a  library  building, 
annually,  for  such  period  as  may  be  necessary,  levy  and  collect 
not  more  than  five  cents  on  the  one  hundred  dollars  upon  the 
taxable  property  of  said  township,  for  not  more  than  three 
years  successively,  which  shall  be  expended  by  the  Trustees  in 
the  erection  or  enlargement  of  a  library  building.     (R.  S.  1894, 
§4986;  R.  S.  1897,  §5150.) 

1.  NOTE.     There  is  an  act  (Acts  1901,  p.  187)  which  applies  only  to  the  city 
of  Jeffersonville. 

2.  Section  315,  above,  is  probably  void  on  account  of  subsequent  legislation. 

[1899,  p.  228.    A  pproved  and  in.  force  March  2, 1899.] 

316.  Office  of  librarian  abolished.    1.    In  any  township 
in  this  State  in  which  there  has  been  or  may  hereafter  be  estab- 
lished by  private  donations  a  library  of  the  value  of  one  thou- 
sand dollars  or  more,  for  the  use  and  benefit  of  all  the  inhabi- 
tants thereof,  the  Board  of  Commissioners  of  the  county  in 
which  such  township  is  situated  may,  upon  due  proof  thereof, 
by  proper  order  entered  upon  its  records,  abolish  the  office  of 
township  librarian  and  require  and   order  that  the  township 
library  in  the  hands  of  the  Township  Trustee  or  the  librarian 
thereof  (including  all  the  books,  papers,  records,  furniture  and 
paraphernalia  pertaining  thereto),  be  turned  over  and  trans- 
ferred to  the  Trustees  or  other  managing  officers  of  such  library 
established,  as  aforesaid. 

1.     NOTE.     This  and  the  next  section  are  probably  repealed  by  sections  252  to 
303. 

317.  Library   discontinued.     2.     That  in  the   event   said 
Library  Association  so  established  or  to  be  established,  shall 


252 


SCHOOL    LAW    OF    INDIANA. 


from  any  cause  cease  to  exist  or  to  perform  its  duties  to  the 
inhabitants  of  such  township,  then  all  its  property  of  every 
kind  shall  be  turned  over  to  and  become  the  property  of  such 
township. 

318.  Legalizing  section.  3.  All  Library  Associations  of 
this  State  which  purport  to  have  been  organized  and  estab- 
lished pursuant  to  the  provisions  of  the  laws  of  this  State,  for 
the  use  and  benefit  of  all  the  inhabitants  of  any  township  in 
this'  State,  and  to  which  private  donations  to  the  amount  of 
one  thousand  dollars  or  more  have  been  subscribed,  are  hereby 
legalized,  made  valid  and  declared  to  be  legal  library  corpora- 
tions within  the  purview  of  this  act,  and  all  records,  proceed- 
ings, subscriptions  to  and  acts  of  the  said  Library  Associations 
are  hereby  ratified,  legalized  and  made  valid. 


CHAPTER  XVIII. 

HISTORICAL  SOCIETY. 


SKC. 

319.  Appropriation  out  of  county  treasury- 

Rooms  and  vaults. 

320.  Society  discontinued— Effect. 

321.  More  than  one  society  in  county. 


SEC. 

322.  Control  of  rooms  and  vaults. 

323.  Control  of  rooms  after  society  discon- 

tinued. 


[1901,  p.  542.   Approved  March  11, 1901.    In  force  May,  1901.] 

319.  Appropriation  out  of  county  treasury — Booms  and 
vaults.  1.  In  any  county  of  the  State  of  Indiana  where  there 
now  is  or  may  hereafter  be  a  historical  society,  or  local  branch 
of  a  historical  society  which  at  the  time  of  making  petition, 
shall  have  maintained  its  organization  and  have  been  actively 
engaged  in  the  collection  of  data  and  material  for,  and  in  the 
preservation  of  county  and  State  history  and  biography  for  a 
period  of  not  less  than  five  consecutive  years,  during  which  it 
shall  have  held  at  least  one  meeting  in  each  year  at  which 
papers  shall  have  been  read  or  addresses  made,  in  the  presence 
of  the  public,  upon  matters  connected  with  the  history  of  the 
county  and  State,  the  County  Council  of  such  county  may, 
upon  the  petition  of  the  president  and  secretary  of  such  his- 


SCHOOL    LAW    OF    INDIANA.  253 

torical  society  and  not  less  than  fifty  voters  and  taxpayers  of 
the  county,  having  been  presented  to  the  County  Commission- 
ers at  a  regular  session  of  the  Board,  and  by  the  Commissioners 
referred  to  the  County  Council  at  a  regular  or  called  session 
thereof,  with  estimates  and  recommendations  as  to  amounts  of 
such  appropriation,  or  appropriations,  as  provided  for  in  Section 
nineteen  (19)  of  an  act  entitled  an  act  concerning  county  busi- 
ness, approved  March  3rd,  1899,  appropriate  out  of  any  moneys 
in  the  county  treasury,  not  otherwise  appropriated,  a  sum,  or 
sums  of  money  not  to  exceed  in  the  aggregate  five  thousand 
dollars  (§5,000)  for  the  construction  and  furnishing  of  rooms 
and  fireproof  vaults  for  the  meetings  of  such  historical  society 
and  for  the  preservation  of  the  records  of  such  society  and  his- 
torical papers,  souvenirs  and  natural  history  collections.  Such 
sum  of  five  thousand  dollars  or  less,  to  be  appropriated  at  one 
lime  or  at  various-  sessions  of  the  County  Council;  such  rooms 
and  vaults  to  be  provided  in  connection  with  county  courthouses 
or  constructed  separately  upon  land  belonging  to  the  county 
and  to  be  the  property  of  the  county.  Such  rooms  and  vaults 
to  be  built  and  maintained  for  the  purposes  enumerated  in  this 
act  by  the  County  Commissioners  and  under  their  supervision 
as  provided  in  Section  thirty-one  (31)  of  an  act  entitled  an  act 
concerning  county  business,  approved  March  3rd,  1899. 

320.  Society  discontinued — Effect.     2.    Should  the  his- 
torical society  for  which  and  upon  whose  petition  such  rooms 
and  vaults  shall  have  been  provided  by  the  county,  as  pre- 
scribed in  this  act,  fail  or  voluntarily  surrender  to  the  county 
its  rights  and  privileges  thereto,  or  discontinue  its  meetings  for 
a  period  of  two  consecutive  years,  all  its  papers,  records,  collec- 
tions of  every  kind  and  furniture  shall  become  the  property  of 
the  county,  and  the  County  Commissioners  shall  provide  for  the 
sale  keeping  of  the  same  before  subjecting  the  rooms  or  vaults 
to  other  uses  of  or  by  the  county;  but  this  provision  shall  not 
be  so  construed  as   to  prevent  persons  who   shall   have   con- 
tributed papers  or  historical  or  biographical  data  from  making 
copies  thereof  for  their  own  private  use  and  profit. 

321.  More  than  one  society  in  County.    3.    Should  there 
at  any  time  be  more  than  one  reputable  historical  society,  society 
devoted  to  some  branch  of  historical  or  biological  investiga- 


254  SCHOOL    LAW    OF    INDIANA. 

tions  in  any  county  in  which  such  rooms  and  vaults  or  perma- 
nent buildings  as  are  provided  for  in  this  act  shall  have  been 
built,  it  may  be  admitted  to  their  use  upon  such  conditions,  to 
be  determined  by  the  County  Commissioners,  as  shall  not  inter- 
fere with  the  rights  and  privileges  of  the  original  society ;  but 
appropriations  of  money  shall  be  made  only  for  one  set  of 
rooms  and  vaults  or  separate  buildings  for  such  purposes  in  the 
county. 

322.  Control  of  rooms  and  vaults.     4.     Such  rooms,  or 
buildings  and  vaults,  as  may  be  constructed  in  any  county  of 
the  State  of  Indiana,  under  the  provisions  of  this  act  shall  be 
under  the  joint  control  of  the  historical  society  for  the  uses  of 
which  they  shall  be  constructed,  and  its  legitimate  successors, 
and  the  Board  of  County  Commissioner  under  such  rules  as 
they  may,  by  their  concurrent  action,  establish ;  but  such  his- 
torical society  or  societies  shall  alone  be  responsible  for  all  bills 
for  printing,  publication,  stationery,  records  and  other  expenses 
of  every  kind  incurred  in  the  prosecution  of  its  or  their  work, 
except  such  costs  for  the  construction  and  maintenance  of  the 
rooms  or  buildings  and  vaults  as  are  heretofore  provided  for  in 
this  act. 

323.  Control  of  rooms  after  society  discontinued.    5. 

Upon  or  after  the  forfeiture  or  voluntary  surrender  of  the  occu- 
pancy of  the  rooms  or  buildings  and  vaults  to  the  county  by  the 
historical  society  for  which  they  were  constructed,  the  County 
Commissioners  may  place  them  in  charge  of  another  society  or- 
ganized for  similar  purposes  as  the  original  society,  if  such 
society  exist  in  the  county,  or  shall  be  organized  to  the  satisfac- 
tion of  the  board  ;  but  preference  shall  be  given  to  a  resumption 
of  the  old  society,  or  a  reorganization  thereof,  and  any  society 
that  shall  accept  the  use  and  care  of  the  property  and  occupancy 
of  the  rooms  or  buildings  and  vaults,  shall  be  accountable  to  the 
county  for  the  same  and  they  shall  continue  to  be  the  property 
of  the  county  as  in  the  first  case.  The  purposes  of  this  act 
being  to  create  and  perpetuate  a  system  for  the  collection  and 
preservation  of  local  and  general  history,  making  a  record  of 
the  progress  of  the  several  counties  of  the  State,  and  providing 
permanent  nuclei  for  individual  and  family  history  and  local  ob- 
servation of  natural  phenomena. 


SCHOOL   LAW    OF   INDIANA. 


255 


CHAPTER  XIX. 

GENERAL  PROVISIONS. 


SEC. 

324.  Suits,  how  brought. 

325.  Costs. 

326.  Process,  how  executed. 

327.  Appeals  from  Township  Trustee. 

328.  Appeals  from  County  Superintendent. 


SBC. 

329. 

330. 

331. 

332. 

333. 


Oaths. 

Women  eligible  to  school  offices. 

Bond  binding. 

When  Township  Trustee  elected. 

County  Commissioners  fill  vacancy. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

324.  Suits,  how  brought,     145.     Suits  brought  on  behalf 
of  the  schools  of  any  township,  town  or  city,  shall  be  brought 
in  the  name  of  the  State  of  Indiana,  for  the  use  of  such  town- 
ship, town  or  city.     (R.  S.  1881,  §  4534;  R,  S.  1894,  §  6025; 
R.  S.  1897,  §  6250*!) 

1.  How  SUIT  MAY  BE  BROUGHT.     An  action  brought  in  the  name  of  the 
State,  for  the  use  of  a  city,  "as  a  distinct  municipal  corporation  for  school  pur- 
poses," is  rightly  brought.— Hadley  v.  State,  66  Ind.  271. 

2.  How  SHOULD  BE  BROUGHT.     Bringing  an  action  in  favor  of  the  township 
without  designating  it  as  a  school  township  will  be  construed  as  bringing  it  in 
favor  of  the  civil  township,  and  not  in  favor  of  the  school  township. — Utica  Tp. 
r.  Miller,  62  Ind.  230;  Jarvis  v.  Shelby  Tp..  62  Ind.  257. 

325.  Costs.      146.     Any  person  who  shall  sue  for,  or  on 
account  of,  any  decision,  act,  refusal  or  neglect  of  duty  of  the 
Township  Trustee,  for  which  he  might  have  had  an  appeal, 
according  to  the  provisions  of  the  preceding  section,  shall  not 
recover  costs.     (R.  S.  1881,  §  4535;  R.  S.  1894,  §  6026;  R.  S. 
1897,  §  6251.) 

1.     NOTE.     The  "preceding  section "  here  referred  to  evidently  means  $  327. 
The  costs  are  the  costs  made  in  the  court. 

326.  Process,  how  executed.     144.    Process  in  such  suits 
against  a  school  township,  town  or  city,  shall  be  by  summons, 
executed  by  leaving  a  copy  thereof  with  the  Trustee  [or  School 
Trustees]  of  such  township,  town  or  city,  ten  days  before  the 
return-day  thereof;  and  in  case  of  an  appeal,  similar  notice  of 
the  time  of  hearing  thereof  shall  be  given.     (R.  S.  1881,  §  4536  ; 
R.  S.  1894,  §  6027 ;  R.  S.  1897,  §  6252.) 


256  SCHOOL    LAW    OF   INDIANA. 

327.  Appeals  from  Township  Trustees.  164.  Appeals 
shall  be  allowed  from  decisions  of  the  [Township]  Trustees,  rel- 
ative to  school  matters,  to  the  County  Superintendents,  who 
shall  receive  and  promptly  determine  the  same,  according  to 
the  rules  which  govern  appeals  from  Justices  of  the  Peace  to 
Circuit  Courts,  so  far  as  such  rules  are  applicable ;  and  their  de- 
cisions of  ajl  local  questions  relating  to  the  legality  of  school 
meetings,  establish  merit  of  schools,  and  the  location,  building, 
repair,  or  removal  of  school  houses  or  transfer  of  persons  for 
school  purposes,  and  resignation  and  dismissal  of  teachers,  shall 
be  final.  .(R,  S.  1881,  §4537;  R.  S.  1894,  §6028;  R.  S.  1897, 
§  6253.) 

1.  LOCATION  OF  HOUSES.     The  County  Superintendent   has   no  power,    on 
appeal,  to  require  a  school  house  to  be  erected  on  land  not  belonging  to  the  town- 
ship.    Otherwise  his  decision  is  final,   but  only  as  to  the  particular  case  before 
him.     The  Trustee  may  at  once  relocate  at  a  different  place. — Koontz  v.  State,  44 
Ind.  323;  State  v.  Mewhinney,  67  Ind.  397. 

After  the  location  has  been  fixed  by  the  County  Superintendent,  on  appeal, 
the  Township  Trustee  may  change  it,  subject  to  appeal.  But  if  there  be  no  sub- 
sequent change  after  the  County  Superintendent  has  determined  upon  the  loca- 
tion, the  Trustee  may  be  compelled,  by  mandate,  to  execute  the  order. — Trager  v. 
State,  2rind.  317. 

No  appeal  to  the  Superintendent  can  be  taken  from  the  action  of  a  Trustee  in 
making  a  contract  with  any  one,  either  for  building  a  school  house,  or  like  con- 
tracts, nor  in  regard  to  any  criminal  or  fraudulent  act  of  a  Trustee,  nor  upon  the 
mere  breach  of  a  contract,  nor  upon  the  dismissal  of  a  teacher  in  a  city  or  town. 
This  is  a  question  for  the  courts. —  City  of  Crawfordsville  v.  Hays,  42  Ind.  200. 

A  suit  to  set  aside  a  contract  for  the  building  of  a  school  house,  and  to  enjoin 
the  doing  of  the  work,  on  the  ground  of  fraud  on  the  part  of  the  Township  Trustee 
in  making  the  contract,  is  properly  brought  in  the  name  of  the  State  for  the  use  of 
the  township;  for  the  remedy  provided  by  an  appeal  to  the  County  Examiner  is 
not  exclusive  in  such  cases,  the  matter  involved  not  being  "a  local  question  relat- 
ing to  the  building  of  school  houses." — State  v.  Earhart,  27  Ind.  119.  But  the 
remedy  of  appeal  to  the  Superintendent  is  exclusive  when  "  relative  to  school 
matters,"  and  for  the  purpose  of  preventing  vexatious  and  expensive  litigation  it 
is  provided  that  his  decision  shall  be  final  in  regard  to  certain  enumerated  sub- 
jects.—Fogle  v.  Gregg,  26  Ind.  345. 

Regulations  adopted  by  persons  in  charge  of  a  school  are  analogous  to  by-laws 
enacted  by  municipal  and  other  corporations,  and  both  will  be  annulled  by  the 
courts,  when  found  to  be  unauthorized,  against  common  right,  or  palpably  unrea- 
sonable.—State  v.  White,  82  Ind.  278. 

2.  EXTENT  OF  JURISDICTION  OF  COURTS.     Upon  any  question  arising  out  of 
the  dismissal  of  a  teacher,  if  the  teacher  has  suffered  any  damages,  he  may  bring 
a  suit  against  the  township  to  recover  whatever  loss  he  has  sustained.     The  court. 
can  only  examine  whether  just  cause  existed  for  his  dismissal,  in  order  to  see  if 
he  is  entitled  to  damage  for  a  wrongful  dismissal,  but  can  not  reinstate  him  as  a 


LAW    OF    INDIANA.  -2')7 


teacher,  for  as  to  that  the  Superintendent's  decision  is  final.  But  on  all  those 
questions  relating  to  the  government  and  control  of  schools  and  school  buildings, 
and  school  regulations,  such  as  the  establishment  of  schools,  and  the  location, 
building,  repair  or  removal  of  school  house,  or  transfer  of  persons  for  school  pur- 
post's  or  even  the  attachment  of  a  person  to  a  certain  school,  and  resignation  of 
teachers,  his  decision  is  final,  and  no  action  can  be  maintained  in  the  courts 
touching  the  same.  This  must  necessarily  be  so,  for  courts  can  not  undertake  the 
superintendence  of  school  matters.  Upon  a  question  of  fraud  in  holding  a 
school  meeting,  it  is  difficult  to  see  how  any  question  can  arise  so  that  courts  can 
exercise  any  jurisdiction  over  it;  it  is  believed  there  is  none. 

3.  TRIAL,  OF   APPEALS.     When  the  County  Superintendent  has  received  a 
complete  transcript  of  the  case  in  controversy,  he  should  fix  a  day  for  the  trial, 
and  all  parties  to  the  case  should  be  notified  of  the  subject  matter  and  the  time 
and  place  of  the  trial.     The  case  should  then  be  tried  de  now.     No  case  should  be 
decided  by  the  Superintendent  from  the  transcript  alone,  without  first  giving  all 
parties  an  opportunity  to  be  heard.     If  after  sufficient  notice  either  appellee  or 
appellant  fails  to  appear,  then,  and  only  then,  should  the  case  be  decided  from 
the  transcript.     Upon  appeal  the  case  is  tried  de  now  upon  its  merits. 

4.  SUPERINTENDENT'S  DECISION  FINAL.     The  Superintendent's  decision  pro- 
hibiting the  erection  of  a  school  house  on  a  location  selected  bjr  the  Trustee  is 
within  his  jurisdiction,  and  is  final  and  binding  on  the  Trustee. — Knight  v.  Woods, 
129  Ind.  101. 

5.  TRUSTEE'S  DISCRETION.     If  a  Trustee,  acting  in  good  faith,  discontinues  a 
school  on  account  of    the  smallness  of  the  attendance,  the  courts  will  not  review 
his  decision,  nor  will  mandamus  lie  to  compel  him  to  re-establish  the  school. — 
Tofts  v.  State,  119  Ind.  232. 

6.  RECORD  OF  DECISION.    Failure  or  refusal  on  the  part  of  a  Trustee  to  make 
a  record  of  his  decision  will  not  prevent  an  appeal  being  taken  to  the  County  Su- 
perintendent.— Tufts  v.  State,  119  Ind.  232. 

7.  KEFUSAL  TO  DECIDE.     A  refusal  of  a  Trustee  to  decide  a  question  pre- 
sented properly  to  him  will  not  prevent  an  appeal  being  taken  from  him;  for  his 
refusal   is  a  decision  against  the  person  who  made  the  request  for  a  decision. — 
O'Brien  v.  Moss,  131  Ind.  99. 

8.  TRANSFER.     An  appeal  lies  from  a  refusal  of  a  Trustee  to  make  a  transfer 
of  a  pupil.     Edwards  v.  State,  143  Ind.  84. 

9.  LOCATION  OF  SCHOOL  HOUSE.     An  appeal  lies  from  the  Trustee  concern- 
ing the  location  of  a  school  house.-  Kessler  v.  State,  146  Ind.  221.     So  of  a  joint 
school  house. — Henricks  v.  State,  151  Ind.  454. 

328.  Appeals  from  County  Superintendent,  165.  Ap- 
peals shall  be  allowed  from  the  decisions  of  County  Superin- 
tendents to  the  Superintendent  of  Public  Instruction  on  all 
matters  not  otherwise  provided  for  in  the  next  preceding  sec- 
tion ;  and  the  rules  that  govern  appeals  from  Justices  of  the 
Peace  to  the  Circuit  Courts  as  to  the  time  of  taking  an  appeal, 
giving  bonds,  etc.,  shall  be  applicable  in  appeals  from  County 
Superintendents  to  the  Superintendent  of  Public  Instruction. 
(R.  S.  1881,  §4538;  E.  S.  1894,  §  6029;  R.  S.  1897,  §  6254.) 
17— Sen.  LAW. 


258  SCHOOL    LAW    OF    INDIANA. 

1.  PROCEDURE.     The  same  rules  in  regard  to  the  time  allowed  for  taking  an 
appeal  and  for  making  transcript,   etc.,   apply  in  case  of  appeals  to  the  State 
Superintendent  as  to  the  County  Superintendent.     The  Count}'  Superintendent 
should  make  a  transcript  of  the  record,  and  send  it,  together  with  all  papers  in 
the  case,  to  the  State  Superintendent,  with  his  certificate  indorsed  thereon.     He 
must  specifically  certify  to  the  facts,  for  example,  that  A  B  applied  for  a  certifi- 
cate on  a  certain  day,  that  upon  examination  a  license  was  refused  on  certain 
grounds,  that  the  inclosed  papers  are  those  made  by  the  applicant,  upon  which 
he  was  rejected.     A  copy  of  the  questions  used  and  the  appeal  bond  should  also 
be  sent.  -   In  case  a  refusal  to  license  is  based  upon  the  County  Superintendent's 
personal  knowledge,  he  should  make  a  statement  of  the  facts,  verified  by  affidavit, 
and  forward  it,  together  with  corroborative  testimony,  and  the  testimony  given 
in  favor  of  the  accused.     If  an  appeal  is  taken  in  due  form,  the  State  Superin- 
tendent may  require  the  County  Superintendent  to  forward  the  papers  to  him, 
and,  upon  refusal,  may  visit  the  county  and  make  an  examination  into  the  facts 
of  the  case,  and  render  a  decision  that  will  be  binding  on  all  parties  interested. 

2.  TRIAL  BY  STATE  SUPERINTENDENT.     The  appeal  is  tried  by  the  Superin- 
tendent of  Public  Instruction  upon  the  papers  sent  up.     Additional  affidavits 
may  be  filed  with  him  and  witnesses  examined.     Parties  may  appear  before  him, 
and  a  complete  trial  be  had,  the  same  as  before  the  County  Superintendent.     An 
applicant  for  a  license,  who  desires  to  appeal,  should  be  allowed  thirty  days  from 
the  time  the  County  Superintendent's  decision  is  rendered,  not  from  the  time  of 
examination.     If  the  license  is  denied  because  of  immorality,  the  County  Super- 
intendent should  specify  in  what  particular  the  immorality  consists.     On  appeal 
the  Superintendent  of  Public  Instruction  can  not  grant  a  license;  he  can  only 
order  the  County  Superintendent  to  grant  one.     Should  the  latter  refuse  to  grant 
it,  a  mandamus,  at  the  instance  of  the  teacher,  would  lie  to  compel  him  to  obey 
the  direction  of  the  State  Superintendent.     If  an  appeal  is  taken  and  the  County 
Superintendent  refuses  to  send  up  the  papers,  a  mandamus  will  lie  to  compel 
him  to  send  them.     Or  the  Superintendent  of  Public  Instruction  can  visit  the 
county  and  try  the  case  there.     Merely  writing  a  letter  to  the  Superintendent  of 
Public  Instruction  by  the  party  desiring  to  appeal,  and  stating  that  he  appeals 
from  the  decision  of  the  County  Superintendent,  does  not  constitute  an  appeal. 

•  The  initiatory  steps  must  be  taken  in  the  matter  with  the  County  Superintendent. 

3.  APPEAL  AS  TO  WHOLE  CAUSE.     An  appeal  must  be  taken  as  to  the  whole 
case.— State  v.  Miller,  63  Ind.  475. 

4.  CASE  TRIED  DE  Novo.     On  appeal  the  case  is  tried  de  now  on  its  merits. 

329.  Oaths.      166.      School   officers  are  hereby  authorized 
and  empowered  to  administer  all  oaths  relative  to  school  busi- 
ness appertaining  to  their  respective  offices.    (R.  S.  1881,  §  4539; 
R.  S.  1894,  §  6030;  R,  S.  1897,  §  6255.) 

[1881,  S.  p.  718.    Approved  April  14, 1881.    In  force  September  19. 1881.] 

330.  Women  eligible  to  school  offices.    1.    Any  woman, 
married  or  single,  of  the  age  of  twenty-one  years  and  upwards, 
and  possessing  the  qualifications  prescribed  for  men,  shall  be 


SCHOOL    LAW    OF    INDIANA.  259 

eligible  to  any  office  under  the  general  or  special  school  laws 
of  this  State.     (R.  S.  1881,  §  4540;  R.  S.  1894,  §  6031;  R.  S. 

1897,  §  6256.) 

331.  Bond  binding.     2.     Any  woman  elected  or  appointed 
to  any  office  under  the  provisions  of  this  act,  "before  she  enters 
upon  the  discharge  of  the  duties  of  the  office  shall  qualify  and 
give  bond  as  required  by  law,  and  such  bond  shall  be  binding 
upon  her  and  her  securities.     (R.  S.  1881,  §  4541;  R.  S.  1894, 
§^6032;  R.  S.  1897,  §  6257.) 

[1897,  p.  69.    Approved  February  25, 1897.    In  force  April  14, 1897.] 

332.  When  Township  Trustee  elected.    1.    The  time  of 
holding  the  election  of  Township  Trustees  and  Assessors  shall 
be  changed  from  the  general  election  on  the  first  Tuesday  after 
the  first  Monday  in  November,  1898,  to  the  general  election  on 
the  first  Tuesday  after  the  first  Monday  in  November, .  1900, 
and  at  the  general  election  on  the  first  Tuesday  after  the  first 
Monday  in  Xovember  of  every  fourth  year  thereafter.     Said 
Township  Trustees  and  Assessors  shall  qualify  as  now  provided 
by   law,  and  enter  upon  the  discharge  of  the  duties  of  their 
respective  offices  at  the  expiration  often  days  after  such  election. 

(4)  The  names  of  the  different  candidates  for  said  township 
offices  shallbe  printed  on  separate  ballots  of  a  yellow  color  and 
deposited  in  separate  ballot  boxes  from  that  of  the  State  and 
county  ballots.  Said  ballot  boxes  shall  be  painted  yellow,  and 
said  ballots  and  ballot  boxes  shall  be  prepared  in  conformity 
with  the  law  governing  said  general  election.  (R.  S.  1897, 
S  6590.) 

1.  LEGALIZED.     The  appointment  of  a  successor  for  a  Trustee  who  had  become 
insane  was  legalized  in  1895. — Acts  1895,  p.  57. 

2.  VALID.     This  section  is  valid. — State  v.  Menaugh,  151  Ind.  260;  Lamed 
v.  Elliott,  155  Ind.  702;  State  v.  Wells,  144  Ind.  231. 

[1859,  p.  220.    Approved  and  in  force  February  15, 1859.] 

333.  County  Commissioners  fill  vacancy.     9.    All  vacan- 
cies in  the  office  of  Township  Trustee  shall  be  filled  by  the 
Hoard  doing  county  business  in  term  time,  or  by  the  [County] 
Auditor  in  vacation;  and  every  Trustee  so  appointed  shall  con- 
tinue in  office  till  his  successor  is  elected  and  qualified.     (R.  S. 
1881,  §  5996;  R.  S.  1894,  §  8071 ;  R.  S.  1897,  §  8462.) 


260 


SCHOOL    LAW    OF    INDIANA. 


1.  STILL,  IN  FORCE.     This  act  is  still  in  force,  and  the  Commissioners  can  fill 
vacancies  that  occur  during  a  regular  session  of  the  Board.— Cooper  v.  State,  113 
Ind.  70. 

2.  WHEN  CAN  BE  FILLED.     A  vacancy  can  not  be  filled  when  the  Board 
meets  in  special  term  to  do  a  particular  act  specifically  required  of  it  by  statute. 
— Heim  v.  State,  145  Ind.  605. 


CHAPTER  XX. 


COMPULSORY  EDUCATION. 


SEC. 

334. 
335. 

336. 
337. 

338. 


All  children  must  attend  school — Age. 
County  Truant  Officers  -  Duties — Mis- 
demeanor. 

Truant  Officers  in  cities  and  towns. 
Compensation  of  truant  officers. 
Reports. 
Poor  children— Assistance. 


SEC. 

340. 
341. 
342. 
343. 
344. 

345. 


Parental  home — Incorrigible  child. 

Confirmed  truant. 

Tax. 

Enumeration. 

Names  of  children  furnished   Truant 

Officers. 
Laws  repealed. 


[1901,  p.  470.    Approved  and  in  force  March  11, 1901.] 

334.  All  children  must  attend  school — Age.    1.    Every 
parent,  guardian,  or  other  person  in  the  State  of  Indiana,  hav- 
ing control  or  charge  of  any  child  or  children  between  the  ages 
of  seven  (7)  and  fourteen  (14)  years,  inclusive,  shall  be  required 
to  send  such  child  or  children  to  a  public,  private  or  parochial 
school  or  to  two  or  all  [more]  of  these  schools,  each  school  year, 
for  a  term  or  period  not  less  than  that  of  the  public  schools  of 
the  school  corporation  where  the  child  or  children  reside  :    Pro- 
vided, further,  That  no  child  in  good  mental  and  physical  condi- 
tion shall  for  any  cause,  any  rule  or  law  to  the  contrary,  be  pre- 
cluded from  attending  schools  when  such  school  is  in  session. 

335,  County  Truant  Officers— Duties— Misdemeanor.    2. 

The  County  Board  of  Education  of  each  county  shall  consti- 
tute a  Board  of  Truancy  whose  duty  it  shall  be  to  appoint  on 
the  first  Monday  in  May  of  each  year  one  Truant  Officer  in 
each  county.  The  Truant  Officer  shall  see  that  the  provisions 
of  this  act  are  complied  with,  and  when  from  personal  knowl- 
edge or  by  report  or  complaint  from  any  resident  or  teacher  of 
the  township  under  his  supervision,  he  believes  that  any  child 
subject  to  the  provisions  of  this  act  is  habitually  tardy  or  ab- 


SCHOOL    LAW    OF    INDIANA.  261 

sent  from  school,  he  shall  immediately  give  written  notice  to 
the  parent,  guardian,  or  custodian  of  such  child  that  the  attend- 
ance of  such  child  at  school  is  required,  and  if  within  five  (5) 
days  such  parent,  guardian  or  custodian  of  said  child  does  not 
comply  with  the  provisions  of  this  section,  then  such  Truant 
Officer  shall  make  complaint  against  such  parent,  guardian  or 
custodian  of  such  child  in  any  court  of  record  for  violation  of 
the  provisions  of  this  act :  Provided,  That  only  one  notice  shall 
he  required  for  any  child  in  any  one  year.  Any  such  parent, 
guardian  or  custodian  of  child  who  shall  violate  the  provisions 
of  this  act  shall  be  adjudged  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  lined  in  any  sum  not  less  than  five 
(§5.00)  nor  more  than  twenty -five  dollars  ($25.00),  to  which  may 
be  added,  in  the  discretion  of  the  court,  imprisonment  in  the 
county  jail  not  less  than  two  nor  more  than  ninety  days. 

336.  Truant  Officers  in  cities  and  towns.    3.    A  city  hav- 
ing a  school  enumeration  of  five  thousand  or  more  children,  or 
two  or  more  cities  and  towns  in  any  county  having  a  combined 
school  enumeration  of  five  thousand  or  more,  may,  in  the  dis- 
cretion of  the  County  Board  of  Truancy,  constitute  a  separate 
district  for  the  administration  of  this  act.     Cities  containing  a 
school  enumeration  of  ten  thousand  children  or  less  shall  have 
but  one  Truant  Officer.     Cities  containing  a  school  enumeration 
of  more  than  ten  thousand  and  less  than  twenty  thousand  chil- 
dren shall  have  two  Truant  Officers.     Cities  containing  a  school 
enumeration  of  twenty  thousand  and  less  than  thirty  thousand 
children  shall  have  three  Truant  Officers.     Cities  containing  a 
school  enumeration  of  thirty  thousand  and  less  than  forty  thou- 
sand children  may  have  four  truant  officers.     Cities  containing 
a  school   enumeration  of  more  than  forty  thousand   children 
may  have  five  Truant  Officers  to  be  selected  by  the  Board  of 
School  Commissioners.     The  Truant  Officers  of  cities  and  such 
separate  districts  shall  enforce  the  provisions  of  this  act  in  the 
manner  and  under  such  penalties  as  are  prescribed  by  Section  2 
of  this  act.     Truant  Officers  of  cities  mentioned  in  this  section 
shall  be  appointed  by  the  Board  of  School  Trustees  or  Board 
of  School  Commissioners,  respectively,  of  the  city.   . 

337.  Compensation  of  Truant  Officers.    4.    The  Truant 
Officers  provided  for  in  this  act  shall  receive  from  the  county 


262  SCHOOL    LAW    OF    INDIANA. 

treasury  two  [dollars]  ($2)  for  each  day  of  actual  service,  to  be 
paid  by  the  County  Treasurer  upon  warrant  signed  by  the 
County  Auditor:  Provided,  That  no  County  Auditor  shall 
issue  a  warrant  upon  the  county  treasury  for  such  service  until 
the  Truant  Officer  shall  have  filed  an  itemized  statement  of  time 
employed  in  such  service;  and  such  statement  shall  have  been 
certified  to  by  the  Superintendent  or  Superintendents  of  Schools 
of  the  corporation  or  corporations  in  which  such  Truant  Officer 
is  employed  and  such  claim  have  been  allowed  by  the  Board  of 
County  Commissioners :  Provided,  farther,  That  no  Truant 
Officer  shall  receive  pay  for  more  days  than  the  average  length 
of  school  term,  in  the  county,  cities  or  towns  under  his  super- 
vision. 

1.     NOTE.     See  Board  v.  Marr,  22  Ind.  App.  539. 

338.  Reports.    5.    All  school  officers  and  teachers  are  here- 
by required  to  make  and  furnish  all  reports  that  may  be  re- 
quired  by  the   Superintendent  of  Public  Instruction,  by  the 
Board  of  State  Truancy  or  the  Truant  Officer,  with  reference 
to  the  workings  of  this  act. 

339.  Poor  children — Assistance.     6.     If  any  parent,  guar- 
dian or  custodian  of  any  child  or  children  is  too  poor  to  furnish 
such  child  or  children  with  the  necessary  books  and  clothing  with 
which  to  attend  school,  then  the  School  Trustee  of  the  town- 
ship, or  the  Board  of  School  Trustees  or  Commissioners  of  the 
city  or  incorporated  town  where  such  parent,  guardian  or  cus- 
todian resides  shall  furnish  temporary  aid  for  such  purpose,  to 
such  child  or  children,  which  aid  shall  be  allowed  and  paid 
upon  the  certificate  of  such  officers  by  the  Board  of  County 
Commissioners  of  said  county.     Such  Township   Trustee,   or 
Board  of  School  Trustees,  or  Commissioners  shall  at  once  make 
out  and  file  with  the  Auditor  of  the  county  a  full  list  of  the 
children  so  aided,  and  the  Board  of  County  Commissioners  at 
their  next  regular  meeting,  shall  investigate  such  cases  and 
make  such  provision  for  such  child  or  children  as  will  enable 
them  to  continue  in  school  as  intended  by  this  act. 

1.     NOTE.     See  Shelby  County  Council  v.  State,  155  Ind.  216;  same  case,  57 
N.  E.  Rep.  722. 


SCHOOL    LAW.  OF    INDIANA.  263 

340.  Parental  home — Incorrigible  child.    7.    School  Com- 
misssoners.  Trustee's  and  Boards  of  Trustees  are  empowered  to 
maintain,  either  within  or  without  the  corporate  limits  of  their 
corporations,  a  separate  school  for  incorrigible  and  truant  chil- 
dn  n.     Any  child  or  children  who  shall  be  truant  or  incorrigible 
may  be  compelled  to  attend  such  separate  school  for  an  indeter- 
minate time. 

341.  Confirmed  truant.     8.    Any  child  who  absents  itself 
from  school  habitually  may  be  adjudged  a  confirmed  truant  by 
the  Truant  Officer  and  Superintendent  of  the  Schools  of  the 
county  or  city.     Such  confirmed  truant  may  be  sentenced  by 
the  Judge  of  the  Circuit  Court  to  the  Reform  School  for  Boys, 
if  a  boy,  or  the  Industrial  School  for  Girls,  if  a  girl,  provided 
its  age  is  within  the  limits  set  for  admission  to  such  institution. 
If  deemed  advisable  by  said  Judge,  such  incorrigible  child  or 
children  may  be  sent  to  such  other  custodial  institution  within 
the  State  as  may  be  designated  by  him.     For  its  maintenance 
in  such  custodial  institution,  the  school  corporation  in  which  it 
resides  shall  pay  at  the  legal  rate  for  supporting  dependent 
children,  twenty-five  cents  (25c)  per  day,  with  such  expenses  of 
transportation  as  are  necessary. 

342.  Tax.     9.     For  the  defraying  of  the  increased  expendi- 
ture necessary  for  the  carrying  out  of  the  purposes  of  this  act 
Trustees  of  school  towTnships,  Boards  of  School  Trustees  or 
Commissioners  of  cities  and  towns  and  Boards  of  School  Com- 
missioners are  hereby  empowered  to  levy  in  addition  to  any 
and  all  sums  heretofore  provided  by  law,  any  amount  of  special 
school  revenue  not  exceeding  ten  (10)  cents  on  the  hundred 
(100)  dollars  of  taxable  property,  such  taxes  to  be  levied  and 
collected  as  all  other  special  school  revenue. 

343.  Enumeration  of  children.     10.    In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced  it  is  hereby 
provided  that  the  enumerators  of  school  children  in  taking  the 
annual  school  census  shall  ascertain  and  record  the  place  and 
date  of  birth  of  every  child  enumerated,  and  the  parent,  guar- 
dian or  custodian  of  such  child  shall  subscribe  and  take  oath  or 
affirmation  that  such  record  is  true.     The  enumerator  is  hereby 


264 


SCHOOL    LAW    OF    INDIANA. 


empowered  to  administer  such  oatli  or  affirmation,  and  any 
parent,  guardian  or  custodian  of  any  child  who  shall  refuse  to 
take  such  oath  or  affirmation  shall  be  adjudged  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  any  sum 
not  less  than  one  dollar  ($1.00). 

344.  Names  of  children  furnished  Truant  Officer.    11. 

On  the  first  day  of  school  the  Trustees,  Boards  of  Trustees,  or 
Cojnmissioners  of  school  corporations,  shall  furnish  the  Truant 
Officer  with  the  names  of  the  children  of  compulsory  age  who 
are  enumerated  on  the  regular  enumeration  lists.  These  names 
shall  be  alphabetically  arranged  and  shall  give  all  the  informa- 
tion contained  in  the  regular  enumeration  returns.  The  County 
Commissioners  shall  provide  necessary  postage  and  such  blanks 
as  may  be  required  by  the  State  Board  of  Truancy  or  the  State 
Superintendent  of  Public  Instruction. 

345.  Laws  repealed.    12.    All  laws  and  parts  of  laws  in 
conflict  with  the  provisions  of  this  act  are  hereby  repealed. 


CHAPTER  XXI. 

TOWNSHIP  ADVISOKY  BOARD. 


SEC. 

346.  Advisory  Board. 

347.  Taxpayers  may  attend. 

348.  Annual  meetings— Expenditures  and 

levy. 

349.  Estimate  of  expenditures. 

350.  Compensation  of  Board,  if  desired. 

351.  Special  meetings  of  Board. 

352.  Financial  record. 


SEC. 

353. 

354. 

355. 

356. 

357. 

358. 


Annual  settlement  with  the  Board. 
Trustee's  term. 

New  school  house— School  supplies. 
Trustees'  pay. 
Contracts  void. 

Appointment  of  first  members  of 
Board. 


[1899,  p.  150.    Approved  February  27, 1899.    In  force  April  28, 1899.1 

346.  Advisory  Board.  1.  At  the  time  of  electing  Town- 
ship Trustees  the  voters  of  the  several  townships  shall  elect  an 
Advisory  Board,  consisting  of  three  (3)  resident  freeholders  and 
qualified  voters  of  the  township.  The  members  of  such  Board 
shall  subscribe  and  file  with  the  Trustee  an  oath  to  faithfully 
and  honestly  discharge  their  duties  as  prescribed  by  law.  Their 


SCHOOL    LAW    OF    INDIANA.  265 

term  of  office  shall  be  for  two  years  from  the  day  following 
their  first  election  and  until  their  successors  are  elected  and 
qualified,  and  the  term  of  office  shall  thereafter  be  for  the  term 
of  four  years  from  the  day  following  their  election  and  until 
their  successors  are  elected  and  qualified.  If  a  vacancy  occurs 
in  said  Board  it  shall  he  filled  by  the  remaining  members  of  the 
Board  for  the  unexpired  term.  They  shall  meet  annually  on 
the  first  Tuesday  of  September,  at  a  convenient  place  in  the 
township,  notice  of  which  shall  be  given  as  hereinafter  provided 
in  section  3.  At  such  annual  meeting  the  members  of  such 
Board  shall  elect  one  of  their  members  chairman  for  that  year. 
Two  (2)  members  shall  constitute  a  quorum.  At  such  meeting 
the  Board  shall  consider  the  various  estimates  of  township 
expenditures  proposed  by  the  Township  Trustee,  and  shall  have 
power  to  concur  in  such  estimates,  or  in  any  part  thereof,  or  to 
reject  any  proposed  item,  in  whole  or  in  part.  Any  existing 
indebtedness  need  not  be  paid  until  due.  And  the  Advisory 
Board,  at  the  first  annual  meeting,  may  apportion  the  payment 
of  any  existing  indebtedness  other  than  to  the  county  or  for 
current  expenses  for  a  named  term  not  exceeding  five  years. 
When  they  shall  have  determined  upon  the  estimates  and  amounts 
for  which  taxes  should  be  levied  upon  the  property  and  polls 
within  said  township  for  the  ensuing  year,  they  shall  then 
determine  and  fix  the  rates  of  taxation  upon  such  property  and 
polls  as  to  the  estimated  purposes  severally.  The  rates  so  deter- 
mined by  such  Board  they  shall  then  certify  to  the  County 
Auditor,  who  shall  place  the  same  upon  the  tax  duplicate,  and 
the  same  shall  be  collected  and  enforced  as  prescribed  by  law. 
The  rates  so  prescribed  shall  be  deemed  a  levy  and  lien  upon 
the  property  of  such  township  from  and  after  the  first  day  in 
April  of  such  year,  and  such  levy  shall  be  deemed  an  appropri- 
ation for  the  specific  purposes  for  which  such  estimates  are 
fixed.  Such  Board  shall  keep  a  record  of  their  proceedings  in 
a  separate  book  to  be  furnished  by  such  Trustee,  and  kept  as  a 
part  of  the  records  of  the  township,  to  be  known  as  the  Record 
of  the  Advisory  Board  of  such  township,  and  to  remain  in  the 
custody  of  the  chairman  of  such  Board.  Said  Board  shall  elect 
one  of  its  members  secretary  for  said  Board,  who  shall  record 
the  proceedings, thereof  at  any  meeting,  in  full,  under  the  direc- 


266  SCHOOL    LAW    OF    INDIANA. 

tion  of  the  Board,  which  shall  be  signed  before  the  Board 
adjourns.  Any  meeting  may  adjourn  from  day  to  day  till  the 
business  is  completed. 

1.     For  forms  and  a  discussion  of  this  law,  see  Thornton's  Complete  Guide  for 
Township  Officers,  sections  111  to  119. 

347.  Taxpayers  may  attend.     2.    At  any  session  of  such 
Board,  any  taxpayer  of  the  township  may  appear  and  be  heard 
as  to  the  advisability  of  any  estimate  or  estimates  of  expendi- 
tures, or  any  proposed  levy  of  taxes,  or  the  approval  of  the 
Township  Trustee's  report  or  any  other  matter  being  considered 
by  the  Board. 

348.  Annual  meeting — Expenditures  and  tax  levy.     3. 

The  Trustee  shall  at  least  thirty  (30)  days,  and  not  more  than 
forty  (40)  days,  before  the  annual  meeting  of  the  Advisory 
Board,  in  each  year,  post  at  or  near  the  door  of  all  postoffices 
in  the  township,  a  statement  of  the  several  estimates  and 
amounts  of  the  proposed  annual  expenditures,  and  the  rates  of 
taxation  proposed  for  levy  against  the  property  within  such 
township,  for  the  several  funds  to  be  expended  for  his  tovrnship 
during  the  calendar  year,  and  also  copies  of  such  notice  shall 
be  published  one  time  in  the  issue  printed  in  the  first  week  of 
August  of  each  year  in  the  two  leading  newspapers  published 
in  the  county,  representing  the  two  political  parties  casting  the 
highest  number  of  votes  in  such  county  at  the  last  preceding 
general  election,  and  one  publication  in  a  newspaper  in  the 
township  interested,  if  there  be  a  paper  published  therein.  The 
cost  of  such  publication  shall  not  exceed  two  dollars  in  any  one 
year  to  any  one  paper,  and  the  cost  of  necessary  copies  for 
posting  and  delivery  to  the  Board  shall  not  exceed  one  dollar 
and  fifty  cents  in  any  one  year.  And  he  shall  furnish  within 
like  periods  to  each  of  the  members  of  the  Advisory  Board  a 
statement  of  such  estimates  and  amounts.  Such  statement 
shall  contain  a  notice  of  the  place  of  meeting  of  the  Advisory 
Board,  and  shall  be  substantially  in  the  following  form : 

EXPENDITURES  AND  TAX  LEVIES  FOR  THE  YEAR—. 

The  Trustee  of township, county,  proposes  for  the 

yearly  expenditures  and  tax  levies  by  the  Advisory  Board  at 


SCHOOL    LAW    OF    INDIANA.  267 

its  annual  mooting,  to  be  held  at  the  school  house  of  School 
District  Xo. — ,  the  following  estimates  and  amounts  for  said 
year: 

1.  Township  expenditures,  $ ,  and  township  tax,  —  cents 

on  the  hundred  dollars. 

2.  Local  tuition  expenditures,  $ ,  and  tax,  —  cents  on  the 

hundred  dollars. 

3.  Special  school  tax  expenditures,  $ ,  and  tax,  —  cents  on 

the  hundred  dollars. 

4.  Road  tax  expenditures,  $ ,  and  tax,  —  cents  on  the  hun- 

.  drod  dollars. 

5.  Additional   road  tax  expenditures,  $ ,  and  tax,  —  cents 

on  the  hundred  dollars. 

6.  Library  expenditures,  J ,  and  tax,  —  cents  on  the  hun- 

dred dollars. 

7.  Poor  expenditures  for  preceding  year,  $ ,  and  tax,  — 

cents  on  the  hundred  dollars. 

8.  Other  items,  if  any,  expenditures,  $ ,  and  tax,  —  cents 

on  the  hundred  dollars. 

Total  expenditures,  f ,  and  total  tax,  —  cents  on  the 

hundred  dollars. 
(Dated)-  (Signed) ,  Trustee. 

The  Trustee  shall  procure  and  lay  before  the  Advisory  Board 
at  the  annual  meeting  thereof,  the  assessed  valuation  of  the  tax- 
able property  of  the  township  for  such  year,  and  also  the  num- 
ber of  taxable  polls  in  such  township. 

349.  Estimates  of  expenditures.  4.  The  Trustee  shall 
attend  all  of  the  meetings  of  the  Advisory  Board,  and  at  the 
annual  meeting  thereof,  after  the  Board  shall  have  organized, 
he  shall  present  a  detailed  and  itemized  statement  in  writing  of 
his  estimated  expenditures  for  which  appropriations  are  asked, 
specifying  the  number  of  teachers  necessarily  employed,  their 
salaries  respectively,  the  number  of  days  deemed  necessary  for 
tin  discharge  of  the  duties  of  his  office,  and  the  days  of  the 
week  or  month  when  they  can  be  most  advantageously  per- 
formed, the  extent  of  needed  bridge  and  highway  repairs,  an 
accurate,  itemized  list  of  all  the  property  and  supplies  on  hand, 
whether  in  use  or  in  store,  for  road,  school  and  other  purposes 


268  SCHOOL    LAW    OF    INDIANA. 

and  estimated  value  thereof,  the  items  of  school  supplies  neces- 
sary for  each  school,  the  condition  of  pauperism  in  the  town- 
ship, including  the  names  of  such  persons  as  have  received 
.public  aid  since  the  taking  effect  of  this  act,  and  since  the  last 
annual  meeting  of  the  Board  with  the  respective  amounts  re- 
ceived by  each  person.  And  also  the  items,  severally,  to  be 
charged  against  the  township  fund,  including  salaries,  station- 
ery, printing  and  records  and  supplies  to  be  furnished  to  the 
Justices  of  the  township,  the  Trustee's  compensation,  and  his 
office  rent,  where  an  office  is  authorized  by  the  Board,  and  any 
other  items  of  expense  pa}7 able  from  said  fund ;  and  he  shall 
submit  to  such  inquiries  concerning  the  expenditures  of  his 
office  as  the  Board,  or  the  taxpayers  present,,  may  deem  proper 
to  make.  The  Advisory  Board  shall  have  full  power  to  require 
any  estimate,  not  sufficiently  itemized,  to  be  so  itemized  by  the 
Trustee,  and  to  appropriate  for  any  purpose  a  sum  not  greater 
than  that  estimated  in  the  item  therefor,  except  by  the  unani- 
mous vote  of  the  Board,  and  not  otherwise,  an  appropriation 
may  be  made  for  an  item  not  contained  in  any  estimate,  or  for 
a  greater  amount  than  that  named  in  any  item  of  an  estimate. 

350.  Compensation  of  Board,  if  desired.     5.    In  making 
the  levies  for  the  township  fund,  if  said  Board  shall  desire  com- 
pensation for  their  services  to  the  township,  they  may  add  a 
sum  not  exceeding  five  dollars  ($5.00)  for  the  service  of  each 
member  during  the  year  for  which  the  levy  is  made,  payable 
out  of  such  fund. 

[1901,  p.  415.    Approved  March  11, 1901.    In  force  May,  1901.] 

351.  Special  meetings  of  the  board.     6.    Upon  a  special 
call  of  the  Township  Trustee  or  the  chairman  of  the  Advisory 
Board  or  a  majority  of  the  members  of  said  board,  given  in 
writing  to  each  member  thereof,  stating  the  time,  place  and 
purpose  of  the  meeting,  said  board  may,  if  a  quorum  be  present, 
by  consent  of  all  the  members  present,  determine  whether  an 
emergency  exists  for  the  expenditure  of  any  sums  not  included 
in  the  existing  estimates  and  levy.     In  the  event  that  such  an 
emergency  is  found  to  exist  said  board  may  authorize  by  special 
order  entered  and  signed  upon  the  record,  the  Trustee  to  borrow 


SCHOOL    LAW    OF    INDIANA.  269 

a  sum  of  money  to  be  named  sufficient  to  meet  such  emergency  ; 
and  at  the  next  annual  session  of  the  board  a  levy  shall  be 
made  to  the  credit  of  the  fund  for  which  such  expenditure  is 
made  to  cover  and  pay  the  debt  so  created  :  Provided,  however, 
That  if  at  any  annual  or  special  meeting  of  said  board,  it  shall 
be  found  indispensably  necessary  to  provide  for  the  construc- 
tion of  a  school  building,  the  cost  of  which  building  or  the  pro- 
portionate cost  thereof  if  the  same  be  a  joint  graded  high 
school  building  will  be  in  excess  of  the  sum  available  therefor 
out  of  any  annual  levy,  then  in  that  event,  such  board  may  au- 
thorize such  Trustee  to  issue  township  warrants  or  bonds  to  pay 
for  such  building,  or  the  proportionate  cost  thereof,  such  war- 
rants or  bonds  to  run  for  a  period  of  not  exceeding  five  (5) 
years;  and  to  bear  not  exceeding  six  per  centum  per  annum, 
and  to  be  sold  for  not  less  than  par;  and  such  board  shall  annu- 
ally levy  sufficient  taxes  to  pay  at  least  one-fifth  of  such  war- 
rants or  bonds,  with  interest,  each  year,  and  the  Trustee  shall 
apply  such  annual  tax  to  the  payment  of  such  warrants  or 
bonds  each  year.  In  no  event  shall  a  debt  of  the  township  be 
created  except  by  the  Advisory  Board  of  such,  township,  and  in 
the  manner  herein  specified,  and  any  payment  of  any  debt  not 
so  authorized  from  the  public  funds  of  such  township  shall  be 
recoverable  upon  the  bond  of  the  Trustee  in  a  suit,  which  it  is 
hereby  made  the  duty  of  said  board  to  institute  and  prosecute 
in  the  name  of  the  State,  for  the  use  of  said  township.  And 
said  board  is  hereby  empowered  to  appropriate,  and  the  Town- 
ship Trustee  shall  pay  out  of  the  township  funds  a  reasonable 
sum  for  attorney's  fees  for  such  purpose.  And  if  the  board,  on 
the  written  demand  of  any  taxpayer,  fails  for  thirty  (30)  days 
to  bring  suit,  then  such  or  any  other  taxpayer  may  bring  the 
same,  in  the  name  of  the -State,  for  the  use  of  the  township. 

[1899,  p.  150.    Approved  February  27, 1899.    In  force  April  28, 1899,] 

352.  Financial  record.  7.  Each  Township  Trustee  in 
this  State  shall  procure  and  keep  a  book,  to  be  known  as  the 
Financial  Record  of  the  township,  in  which  the  Trustee  shall 
keep  an  itemized  and  accurate  account  of  the  financial  affairs 
thereof,  charging  himself  with  each  sum  of  money  when  and 
as  received,  from  every  source,  giving  the  date,  from  whom  re- 
ceived, and  on  account  of  what  fund  it  is  credited.  He  shall 


270  SCHOOL    LAW    OF    INDIANA. 

likewise  credit  himself  with  all  moneys  when  and  as  paid  out, 
showing  when,  on  what  account,  and  to  whom  and  out  of  what 
fund  paid.  It  shall  be  the  duty  of  the  Auditor  of  the  State  of 
Indiana  to  frame  and  adopt  a  form  of  such  hook,  to  be  used  by 
all  the  Township  Trustees  throughout  the  State.  Such  book 
shall  be  a  public  record  :  Provided,  however,  That  the  Auditor 
shall  not  adopt  any  patented  or  copyrighted  form  and  nothing 
herein  shall  authorize  him  to  contract  with  any  person,  partner- 
ship, or  corporation,  for  the  publishing  of  such  forms.  The  act 
entitled,  "An  act  prescribing  certain  duties  of  Township  Trus- 
tees, providing  for  the  appointment  and  compensation  of  an 
Auditing  Board,  prescribing  its  duties  and  declaring  an  emer- 
gency," approved  March  8,  1897,  is  hereby  repealed. 

[1901,  p.  415.    Approved  March  11, 1901.    In  force  May,  1901.] 

353.  Annual  settlement  with  the  Board.  8.  The  Trus- 
tee shall  present  to  the  Advisory  Board,  at  a  meeting  of  said 
Board  to  be  held  annually  on  the  first  Tuesday  after  the  first 
Monday  of  January  of  each  year,  his  annual  and  complete  re- 
port of  all  the  receipts  and  expenditures  of  his  office  for  the  pre- 
ceding calendar  year,  with  the  balances  to  the  credit  of  each 
fund  under  his  charge;  and  if  he  has  any  money  from  any 
source  in  his  hands  or  under  his  control  which  is  not  included  in 
any  particular  fund,  as  shown  by  said  report,  then  he  must 
state  all  the  facts  concerning  such  moneys  in  his  report.  Each 
item  of  expenditure  shall  be  accompanied  by  the  verified  re- 
ceipt of  the  person  to  whom  the  sum  evidenced  thereby  has 
been  paid,  stating  particularly  for  what  article  or  service  the 
payment  has  been  made ;  that  the  sum  receipted  for  is  the  exact 
sum  received,  and  that  no  part  thereof  has  been  retained  by,  or 
returned  to  or  has  been  agreed,  directly  or  indirectly,  to  be  re- 
turned to,  the  Trustee  or  to  any  other  person,  and  the  Trustee 
is  empowered  to  administer  oaths  to  the  persons  giving  such 
receipts.  The  report  so  presented  shall  be  verified  by  the  oath 
of  the  Trustee,  showing  that  the  sums  with  which  he  is  charged 
in  such  report  are  all  the  sums  received  by  him,  and  that  the 
various  items  of  expenditure  credited  have  been  fully  paid  in 
the  sums  stated,  and  without  express  or  implied  agreement  that 
any  portion  thereof  shall  be  retained  by  or  repaid  by  him  or  to 
any  other  person.  And  the  Trustee  shall  subscribe  and  take 


SCHOOL    LAW    OF    INDIANA.  271 

an  oath  that  he  lias  received  no  money  nor  article  of  value  in 
consideration  of  any  contract  made  by  him  as  such  Trustee.  The 
Board  shall  consider  and  approve  in  whole  or  in  part,  the  report 
of  the  Trustee  so  made,  and  any  sum  appropriated  and  remain- 
ing in  the  hands  of  the  Trustee,  unexpended  and  for  which  no 
liability  exists  against  the  township,  shall  he  deemed  and  cred- 
ited in  favor  of  the  fund  for  which  it  was  appropriated,  and 
shall  be  considered  in  the  ensuing  levy.  The  expenditure  of  any 
fund,  in  whole  or  in  part,  to  any  account  for  which  it  was  not 
appropriated  by  said  Board,  shall  be  deemed  by  the  Board  of 
[as]  a  balance  of  such  fund  unexpended  and  in  the  hands  of  the 
Trustee,  for  which  he  shall  be  liable  upon  his  bond.  Any  mem- 
ber of  the  Board  may  administer  oaths,  and  said  Board  may 
send  for  persons,  books  and  papers,  if  necessary,  in  such  exami- 
nation of  said  report,  and  when  the  examination  is  closed  they 
shall  enter  of  record  their  action  thereon,  specifically  stating 
such  parts  and  items  as  maybe  altered  or  disallowed.  Such 
annual  report  shall  remain  under  the  control  of  such  Board, 
the  custody  thereof  to  be  held  by  the  chairman,  and  at  any 
time  shall  be  subject  to  inspection  by  any  taxpayers  of  the 
township.  On  the  said  annual  settlement  being  made,  the  Trus- 
tee shall  within  ten  (10)  days  thereafter,  file  a  copy  of  such 
report  as  adopted  by  the  Board,  with  the  accompanying  vouch- 
ers, in  the  office  of  the  County  Auditor,  to  be  preserved ;  and 
upon  failure  the  Trustee  shall  forfeit  five  (5)  dollars  per  day  for 
each  day  until  so  filed,  to  be  collected  by  suit  of  the  Board  for 
the  benefit  of  the  township.  In  case  the  term  of  the  Trustee 
shall  expire,  or  he  shall  resign  or  die,  then  he,  or  his  adminis- 
trator, shall  at  once  make  final  settlement  with  the  Board. 
Baid  Auditor  shall  examine  such  copy  of  said  report,  and  within 
ten  (10)  days  after  the  filing  of  same  in  his  office,  shall  report 
to  the  Advisory  Board  of  such  township  the  result  of  such  ex- 
amination, including  his  finding  as  to  the  accuracy  of  such 
report.  Said  Trustee  shall  cause  to  be  published,  by  one  inser- 
tion in  two  leading  newspapers  of  his  county,  each  representing 
one  of  the  two  political  parties  casting  the  highest  number  of 
votes  at  the  last  preceding  general  election,  an  abstract  of  his 
said  report,  which  abstract  shall  contain  the  total  of  receipts 
and  expenditures  and  balances  or  deficits  in  each  fund,  also  the 
rate  of  tax  levy  made  for  each  of  said  funds  for  the  ensuing  year. 


SCHOOL    LAW    OF    INDIANA. 

354.  Trustees'  term.     3.     That  the  terms  of  office  of  all 
Township  Trustees  and  Township  Assessors  to  be  elected  at  the 
general  election  in  November,  1904,  shall  begin  on  the  first  day 
of  January,  1905,  and  thereafter  the  terms  of  office  of  all  Town- 
ship Trustees  and  Township  Assessors  shall  begin  on  the  first 
day  of  January  succeeding  their  election. 

[1899,  p.  150.    Approved  February  27, 1899,    In  force  April  28, 1899.] 

355.  New  school  house— School  supplies.    9.    If  a  Trus- 
tee finds  it  necessary  to  erect  a  new  school  house,  he  shall  pro- 
cure suitable  specifications  therefor,  to  be  used  by  the  bidders 
in  bidding  and  in  the  construction  of  such  house.    If  he  desires 
to  purchase  any  school  furniture,  fixtures,  maps,  charts,  or  other 
school  supplies,  excepting  fuel  and  literary  periodicals  in  such 
amounts  as  may  be  authorized  by  the  Advisory  Board,  in  any 
year,  he  shall  make  an  estimate  of  the  kinds  and  amounts,  item- 
ized particularly,  to  be  used  by  bidders  therefor.     If  it  is  neces- 
sary to  make  repairs  on  or  about  the  school  houses  other  than 
current  or  incidental  repairs,  he  shall  likewise  make  an  itemized 
statement  of  the  nature  and  character  of  the  work,  to  be  made 
for  the  use  of  bidders.    He  shall,  in  like  manner,  make  a  sched- 
ule of  such  work  as  may  be  necessary  in  the  repair  or  construc- 
tion of  bridges  in  his  township  for  any  one  year.    All  contracts 
shall  be  let,  after  notice  given,  by  posting  for  three  (3)  weeks  in 
five  (5)  of  the  most  public  places  in  the  township,  and  also  at 
or  near  the  door  of  each  postoffice  therein,  stating  briefly  the 
buildings,  repairs  or  supplies  sought  to  be  let,  and  when  and 
where  bids  will  be  received  and  opened  therefor ;  and  if  the  con- 
templated expenditures  in  any  one  class  shall  be  five  hundred 
dollars  ($500)  or  more,  he  shall  post  notices  as  aforesaid,  and 
also  publish  notice  thereof  for  one  (1)  time  in  the  two  leading 
newspapers  published  in  the  county  representing  the  two  polit- 
ical parties  casting  the  highest  number  of  votes  in  such  county 
at  the  last  preceding  general  election :     Provided,  That  one  of 
such  publications  shall  be  made  in  a  newspaper  published  in  the 
township  interested,  if  there  be  a  newspaper  published  therein. 
The  Advisory  Board  shall  attend  the  letting.  .  At  the  letting, 
all  the  work  or  supplies  in  any  one  class  shall  be  included  and 
let  in  a  single  contract,     All  bids  shall  be  in  writing  and  be 
opened  and  read  publicly  at  the  time  and  place  fixed  in  the  no- 


SCHOOL    LAW    OK    INDIANA.  273 

tice.  The  Trustee  may  take  time  to  examine  and  satisfy  him- 
self as  to  which  i?  the  lowest  and  best  bid,  and  shall  advise  with 
the  Advisory  Board  thereon ;  and  said  board  is  hereby  empow- 
ered to  reject  any  and  all  bids.  The  Trustee  shall  endorse  on 
the  bids  whether  rejected  or  accepted  and  preserve  the  same. 
When  a  bid  is  accepted,  a  proper  contract  shall  then  be  reduced 
to  writing  for  such  building,  repairs  or  supplies,  as  the  case  may 
be,  and  be  signed  by  the  successful  bidder  and  the  Trustee,  who 
shall  require  the  bidder  to  give  bond  with  security,  to  be  ap- 
proved by  him,  for  the  faithful  execution  of  such  contract. 

356.  Trustees'  pay.     10.     The  Towrnship  Trustees  serving 
under  this  act  shall  receive  for  their  services  the  compensation 
now  or  hereafter  fixed  by  law  :     Provided,  That  where  a  per 
diem  is  allowed  by  law  the  number  of  days'  service  for  which 
the  Trustee  is  allowed  shall  be  fixed  and  allowed  by  the  Advi- 
sory Board  at  their  annual  meeting,  and  this  shall  constitute 
the  entire  compensation  of  such  Trustee  for  all  the  duties  of  his 
office. 

357.  Contracts  void.     11.    All  contracts  made  in  violation 
of  this  act  shall  be  null  and  void. 

1.  NOTE.     This  section  modifies  all  the  decisions  rendered  by  the  courts  con- 
cerning contracts  of  Township  Trustees.     It  also  repeals  the  law  requiring  the 
Trustee  to  petition  the  Board  of  County  Commissioners  for  leave  to  contract  debts 
on  behalf  of  the  township.     Contracts  of  townships  must  now  be  executed  pursu- 
ant to  the  provisions  of  this  act. 

2.  For  a  construction  of  this  section,  see  Thornton's  Complete  Guide  for 
Township  Officers,  section  188. 

358.  Appointment  of  first  members  of  Board.    12.    At 

the  term  of  the  Circuit  Court  to  be  held  in  the  several  counties 
of  this  State  next  after  the  taking  effect  of  this  act,  such  Court 
shall  appoint  three  (3)  freeholders  arid  qualified  voters  residing 
in  each  township,  not  more  than  two  of  whom  shall  belong  to 
the  same  political  party,  who  shall  constitute  the  Advisory 
Board  of  such  township  until  their  successors  are  elected  and 
qualified ;  on  failure  of  such  court  so  to  do,  the  Governor  of 
the  State  shall  make  said  appointments.  And  all  la\vs  and  parts 
of  laws  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 


274 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER   XXII. 
THE  FUND. 


SBC. 

359.  What  constitutes. 

360.  Estrays  and  property  adrift. 

361.  Counties  liable. 

362.  Account  of  fund. 

363.  Custody  of  lands. 

364.  Leasing  lands. 

365.  Divided  school  sections. 

366.  Boundaries  of  townships. 

367.  School    township,  when   county  lines 

divide. 

368.  Auditor's  statement  as  to  children. 

369.  Auditor's  duty. 

370.  Account  and  distribution. 

371.  Duties  of  the  other  Auditor. 

372.  Account— Readjustment. 

373.  Power  of  Trustee. 

374.  Sale  of  school  lands. 

375.  Proceedings  to  sell. 

376.  Ballots. 

377.  Results  of  election. 

378.  Certificate  of  vote. 

379.  Trustee's  duty. 

389.  Order  and  conduct  of  sale. 

381.  Terms  of  sale— Timber. 

382.  Forfeiture— Re-sale. 

383.  Forfeiture,  how  prevented. 

384.  Forfeiture— Liability  for  waste. 

385.  Suit  for  waste. 

386.  Private  sale. 

387.  Reappraisenrfent. 

388.  Advertisement  of  funds, 

389.  Reappraisement  of  forfeited  lands. 

390.  Appropriation  by  Commissioners. 

391.  Certificate  of  purchase. 

392.  Rights  of  purchase. 

393.  Failure  to  make  first  payment — Pen- 

alty. 

394.  Assignment. 

395.  Defective  assignments— Proceedings. 
3%.  Loan  of  purchase  money. 

397.  Payment. 

398.  Lost  certificate. 

399.  Purchase  money,  where  paid. 

400.  Duty  of  Auditor. 

401.  Deed. 

402.  Sale— Legalization. 

403.  Title,  when  complete. 

404.  Sale  had  without  vote. 

405.  Compensation  on  failure  of  title. 

406.  Lands   of  surplus  revenue  fund,  how 

sold. 

407.  Interest — Judgment. 

408.  Advertisement  of  funds. 

409.  Bulletin  board  of  loans. 

410.  Auditor's  duty. 

411.  Appraisement. 


SEC. 

412.  Duty  of  appraisers. 

413.  Loans  outside  of  county. 

414.  Loan  of  school  and  university  funds. 

415.  Limit  of  loan. 

416.  Percentage  of  value  of  land. 

417.  Length  of  time. 

418.  County  may  borrow. 

419.  Note  of  county — County  Council. 

420.  Auditor's  warrant. 

421.  Rate  of  interest. 

422.  Payment  of  loan. 

423.  Transfer  from  one  county  to  another. 

424.  Certificate  as  to  liens. 

425.  Oath  of  applicant. 

426.  Time  of  loan. 

427.  Limit  of  loan. 

428.  Acknowledgments  and  oaths. 

429.  Record  of  mortgages— Priority. 

430.  Auditor's  duty. 

431.  Fees. 

432.  Interest  unpaid— Auditor's  duty. 

433.  Collection  on  default. 

434.  Fund  to  be  specified. 

435.  Form  of  mortgage. 

436.  Form  of  note. 

437.  Warrant  to  borrower. 

438.  Payments- Quietus. 

439.  Indorsements  and  satisfaction. 

440.  Suit  for  deficiency. 

441.  Notice  of  sales. 

442.  Manner  of  sale — Surplus. 

443.  Auditor's  bid. 

444.  Sale  of  lands  bid  in. 

445.  Reappraisement  of  forfeited  lands. 

446.  Appropriation  by  Commissioners. 

447.  Deed  by  Auditor. 

448.  Statement  of  sales. 

449.  Title  in  State  without  deed. 

450.  Conveyance  to  county. 

451.  Suit  to  foreclose. 

452.  Purchase  by  county. 

453.  Lease  of  land  purchased. 

454.  Sale  of  land — Appraisement. 

455.  Deeds. 

456.  Sales  legalized. 

457.  Act  supplemental. 

458.  Cancellation  of  mortgage. 

459.  Annual  report. 

460.  Duty  of  boards. 

461.  Board's  report. 

462.  Disposition  of  report. 

463.  Apportionment  of  loans. 

464.  Miscellaneous  school  fund  account. 

465.  Distribution  and  report. 

466.  Penalty  against  Auditor. 


SCHOOL    LAW    OF    INDIANA. 
[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

359.  What  constitutes.  The  funds  heretofore  known  and 
designated  as  the  surplus  Revenue  Fund,  all  funds  heretofore 
appropriated  to  the  common  schools,  the  Saline  Fund,  the  Bank- 
Tax  Fund,  the  fund  which  has  been  derived  or  may  be  derived 
from  the  sale  of  county  seminaries  and  the  property  belonging 
thereto,  the  moneys  and  properties  heretofore  held  for  such 
seminaries,  all  tines  assessed  for  breaches  of  the  penal  laws  of 
the  State,  all  forfeitures  which  may  accrue,  all  lands  and  other 
estate  which  shall  escheat  to  the  State  for  want  of  heirs  or  kin- 
dred entitled  to  the  inheritance  thereof,  all  lands  which  have 
been  granted,  or  may  be  granted  hereafter,  to  the  State,  when 
no  special  object  is  expressed  in  the  grant,  the  proceeds  of  the 
sales  of  the  swamp  lands  granted  to  the  State  of  Indiana  by  the 
act  of  Congress  of  September,  1850,  the  taxes  which  may  be 
assessed  from  time  to  time  upon  the  property  of  corporations 
for  common  school  purposes,  and  the  fund  arising  from  the  one 
hundred  and  fourteenth  section  of  the  charter  of  the  State 
Bank  of  Indiana,  shall  be  denominated  the  "Common  School 
Fund."  The  fund  derived  from  the  sale  of  Congressional  town- 
ship school  lands,  and  the  unsold  Congressional  township  school 
lands,  at  the  reasonable  value  thereof,  shall  be  denominated  the 
"Congressional  Township  School  Fund,"  and  shall  never  be 
diminished  in  amount,  the  income  of  which,  together  with  the 
taxes  mentioned  and  specified  in  the  first  section  of  this  act 
[§  4465],  the  money  and  income  derived  from  licenses  for  the 
sale  of  intoxicating  liquors,  and  unclaimed  fees,  as  provided  by 
law,  shall  be  denominated  the  "  School  Revenue  for  Tuition," 
the  whole  of  which  is  hereby  appropriated,  and  shall  be  ap- 
plied exclusively  to  furnishing  tuition  to  the  common  schools 
of  the  State,  without  any  deduction  for  the  expense  of  collec- 
tion or  disbursement,  (R.  S.  1881,  §4325;  R.  S.  1894,  §5750; 
R.  S.  1897,  §6011.) 

1.  Two  DISTINCT  FUNDS.  This  section,  in  conformity  with  the  decisions 
cited  under  section  1,  provides  that  there  shall  be  two  distinct  funds,  the  "Com- 
mon School  Fund"  and  the  "Congressional  Township  School  Fund,"  which  must 
be  kept  apart  and  managed  separately  (§362).  Under  the  former  title  are  con- 
solidated all  the  funds  named  in  the  Constitution,  except  the  Congressional  Town- 
ship Fund,  and  in  addition  thereto  "all  funds  heretofore  appropriated  to  com- 
mon schools,"  referring  to  all  moneys  arising  from  the  sale  of  estray  animals,  and 
property  taken  up  adrift,  which  were,  by  an  act  approved  January  15,  1844  (§360), 
transferred  to  the  Common  School  Fund  of  the  county  to  be  ratably  apportioned 


276  SCHOOL    LAW    OF    INDIANA. 

among  the  several  school  districts  thereof.  Neither  of  these  funds  shall  ever  be 
diminished,  for  the  term  Common  School  Fund  in  the  Constitution  includes  both. 
— Davee  v.  State,  7  Ind.  App.  71. 

2.  KEVENUES.     Of  the  "  School  Revenue  for  Tuition "  the  interest  on  the 
Common  School  Fund,  the  proceeds  of  the  State  Tax,  and  the  unclaimed  fees  are 
paid  into  the  State  treasury  and  apportioned  to  the  counties  by  the  Superintend- 
ent of  Public  Instruction  semi-annually  on  the  basis  of  school  population. — §  123- 
128.     The  revenues  derived  from  the  Congressional  Township  Fund  and   from 
county  liquor  licenses  are  distributed  by  the  County  Auditors  to  the  townships  and 
counties  to  which  they  respectively  belong.— §  133  and  R.  S.  1881,  $5316;  (R.  S. 
1894,  §7281 ;  R.  S.  1897,  §7626) ;  State  v.  Forkner,  70  Ind.  241. 

3.  FEES  OF  OFFICERS.     No  deduction  shall  be  made  from  the  school  revenues 
for  expense  of  collection  or  disbursements,  but  the  County  Auditors  shall  receive 
from  the  general  funds  of  the  counties  the  amount  of  one  per  cent,  on  the  perma- 
nent school  funds  held  in  trust  by  their  several  counties,  as  compensation  for  the 
management  of  them.— R.  S.  1881,  §5909;  Hanlon  v.  the  Board,  53  Ind.  123. 

4.  ILLEGAL  DEDUCTIONS  RECOVERABLE — STATUTE  OF  LIMITATIONS.     By  the 
school  law  of  1855,  and  also  of  1865,  still  in  force  (§359),  the  income  of  the  Com- 
mon School  Fund  and  the  taxes  levied  and  collected  for  tuition  are  required  to 
be  applied  exclusively  to  furnishing  tuition  in  the  common  schools  of  the  State. 
Provision  is  made  for  payment  out  of  the  county  fund  of  the  fees  of  officers  for 
collecting,  managing  and  dispensing  the  tuition  fund.     (R.  S.  1881,  §§5909,  5927, 
5928.)     From  the  constitutional  and  statutory  provisions  it  is  manifest  that,  with 
reference  to  common  school  funds,  the  State  and  county  act  simply  as  trustees  for 
the  benefit  of  the  school  children  of  the  State.     The  county  can  not  repudiate  or 
disavow  its  trust,  and  where  it  misappropriates  common  school  funds,   no  failure 
of  the  proper  officers  to  bring  suit  for  any  length  of  time  after  notice  of  the  misap- 
propriation can  be  set  up  by  way  of  limitation  to  the  action  to  the  prejudice  of 
the  beneficiaries  of  the  trust. — States.  St.  Joseph  Co.,  90  Ind.  359;  Board  v.  State, 
103  Ind.  497;  Board  v.  State,  106  Ind.  270;  Board  v.  State,  106  Ind.  531. 

5.  ESTRAYS.     Under  the  first  clause  of  the  schedule  annexed  to  the  Constitu- 
tion of  1851,'  the  act  of  January  15,  1844  (p.  86  of  act  of  1844)  (§360),  entitled 
"An  act  converting  the  moneys  arising  from  the  sale  of  estrays  and  property 
taken  up  adrift  into  the  Common  School  Fund,  not  being  inconsistent  with  the 
Constitution  and  not  having  expired  or  been  repealed,  has  remained  and  is  in 
force ;"  and  under  its  provisions  and  those  of  §  359,  all  moneys  arising  from  the 
sale  of  estray  animals  and  property  taken  up  adrift,  "so  soon  as  the  same  shall 
have  vested  absolutely  in  any  county,"  becomes  a  part  of  the  Common  School 
Fund  of  the  State.— Board  v.  State,  92  Ind.  353. 

6.  RECOVERY  OF  DEDUCTIONS.     The  statute  of  limitations  of  1852  does  not  bar 
a  recovery  against  a  county  for  misappropriation  of  funds  donated  by  the  Consti- 
tution and  laws  exclusively  to  tuition  in  the  common  schools;  and  the  appropria- 
tion of  any  part  of  it  to  the  payment  of  officers'  fees  for  collecting  or  managing 
the  funds  is  wholly  unauthorized,  and  a  violation  of  a  trust  which  is  not  in  the 
power  of  a  county  to  deny. — State  v.  Board,  90  Ind,  359;  Board  v.  State,  103  Ind. 
497;  Vanarsdall  v.  State,  65  Ind.  176,  184. 

7.  FINES.     A  fine  for  contempt  is  as  much  a  part  of  the  School  Fund  as  any 
other  fine.— Alexander  v.  State,  9  Ind.  337;  Swift  v.  State,  63  Ind.  81. 

8.  ESCHEAT.     The  provisions  of  the  Constitution  with  reference  to  escheats 
are  not  self-executing;  and  money  paid  into  the  State  treasury  for  want  of  heirs 


SCHOOL    LAW    OF    INDIANA.  277 

Tinder  §  2411  to  §2415,  R.  S.  1881 ;  K.  S.  1894,  §2622;  E.  S.  1897,  £2618,  does  not 
escheat.— State  v.  Meyer,  63  Ind.  33. 

9.  BELONGS  TO  INHABITANTS.     The  school  law  does  not  conflict  with  the  act 
of  Congress  granting  the  sixteenth  section  in  the  several  congressional  townships 
in  the  State  to  the  inhabitants  of  such  townships  for  the  use  of  schools. — Quick  r. 
Springfield  Township,   7  Ind.   636;    State  v.   Springfield   Township,   6  Ind.  83; 
Quick  v.  Whitewater  Township,  7  Ind.  570;  Daggett  v.  Bonewitz,  107  Ind.  276. 

10.  LIQUOR  LICENSE  FEES.     Liquor  license  fees  belong  to  the  county,  there 
to  be  wholly  expended  for  tuition  purposes,  and  not  to  the  permanent  Common 
School  Fund  of  the  State.— R.  S.  1881,  §  5316;  K.  S.  1894,  §  7626;  K.  S.  1897, 
§  7626;  State  v.  Forkner,  70  Ind.  241. 

11.  MANDATE.     Mandate  lies  to  compel  the  proper  application  of  the  funds. 
—State  v.  Cooprider,  96  Ind.  279. 

12.  PROPERTY  FOUND  ON  DEAD  BODIES.     The  proceeds  of  effects  found  by 
the  Coroner  on  the  bodies  of  dead  persons  do  not  belong  to  the  Common  School 
Fund,  but  go  to  the  support  of  the  common  schools  of  the  county,  and  an  action 
to  compel  its  proper  application  can  not  be  prosecuted  on  the  relation  of  the 
Attorney-General. — State  v.  Board  of  Commissioners,  85  Ind.  489. 

13.  LOTTERIES.     Lotteries,  in  aid  of  schools,  and  gift  exhibitions  are  illegal. 
—Whitney  v.  State,  10  Ind.  404. 

14.  TAX  PENALTY.     The  provision  of  the  tax  law  (R.  S.  1881,  §  6339;  R.  S. 
1894,  §  8465;  R.  S.  1897,  §  8995),  inflicting  a  penalty  for  a  false  tax  list  and  turn- 
ing the  penalty  into  the  County  Treasury  for  the  use  of  the  county,  instead  of  for 
the  School  Fund,  is  constitutional.— Burgh  v.  State,  108  Ind.  132. 

15.  SALE  OF  ESCHEATED   LANDS.     Sale  of  escheated  and  other  lands  and 
transfer  of  proceeds  to  Permanent  School  Fund  by  Auditor  of  State.     [See  Acts 
1889,  p.  309,  I  9.]     An  act  of  1883  authorized  the  County  Commissioners  to  sell 
escheat  lands.     [See  Acts  1883,  p.  79.] 

16.  STATUTE    OF    LIMITATIONS.     The  statute   of  limitations  does   not  run 
against  an  action  to  recover  school  funds.     Board  v.  State,  106  Ind.  270;  Board  v. 
State,  106  Ind.  530;  State  v.  Board,  90  Ind.  359;  Board  v.  State,  103  Ind.  497. 

[1844,  p.  86.    Approved  and  in  force  January  15, 1844.] 

360.  Estrays  and  property  adrift.     1.    All  moneys  aris- 
ing from  the  sale  of  estray  animals  and  property  taken  up 
adrift,  so  soon  as  the  same  shall  have  vested  absolutely  in  any 
county,  shall  be  by  the  proper  officers  transferred  to  the  Common 
School  Fund  of  the  county,  and  shall  be  ratably  apportioned 
amongst  the  several  school  districts  [corporations]  thereof.     (R. 
S.  1897,  §  6012.) 

1.     IN  FORCE.     The  above  section  is  still  in  force. — Board  v.  State,  92  Ind.  353. 
[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

361.  Counties  liable.     3.    The  several  counties  of  this  State 
shall  he  held  liable  for  the  preservation  of  so  much  of  said  fund 
as  is  intrusted  or  may  have  been  intrusted  to  them,  and  for  the 
payment  of  the  annual  interest  thereon,  at  the  rate  established 
by  law,  the  payment  of  which  interest  shall  be  full  and  com- 
plete every  year,  and  shall  so  appear  in  the  Auditor's  report  to 


27H  SCHOOL   LAW   OF   INDIANA. 

the  Superintendent  of  Public  Instruction ;  and  the  said  Super- 
intendent shall,  at  any  time,  when  he  discovers,  from  the  report 
or  otherwise,  that  there  is  a  deficit  in  the  amount  collected,  for 
want  of  prompt  collection,  or  otherwise,  direct  the  attention  of 
the  Board  of  County  Commissioners  and  the  County  Auditor 
to  the  fact,  and  said  Board  of  Commissioners  are  hereby  author- 
ized and  required  to  provide  for  such  deficit  in  their  respective 
counties.  (R.  S.  1881,  §  4326;  R.  S.  1894,  §  5751;  R,  S.  1897, 
§  6013.) 

1.  INTEREST.     This   section   is  designed   to   carry  out  the  requirements   of 
the  Constitution  ($  6).     The  interest  on  the  school   funds  is  at  the  rate  of  six 
per  cent. 

2.  DEFICITS  MADE  UP.     The  Board  of  County  Commissioners  is  required  to 
make  up  losses  to  both  the  principal  and  interest  of  the  funds,  at  their  June  meet- 
ing (§459),  by  authorizing  the  Auditor  to  draw  a  warrant  for  the  amount  of  the 
deficit  upon  the  general  fund  of  the  county  in  favor  of  the  particular  school  fund 
found  deficient,  and  upon  failure  of  the  board  so  to  act  they  become  liable  to  an 
action  in  the  name  of  the  State  upon  the  relation  of  the  Superintendent  of  Public 
Instruction,  who  may  notify  the  proper  prosecuting  attorney  to  bring  such  action. 

3.  ATTORNEY-GENERAL  AS  KELATOR.     When  suit  is  brought  by  the  State  to 
recover  any  part  of  its  common  school  fund,  the  Attorney-General  is  a  proper 
officer  to  bring  such  suit,  and  is  a  proper  relator  therein. — Board  v.  State,  92  Ind. 
353;  State  v.  Board,  5  Ind.  App.  220. 

4.  ATTORNEY'S  FEES.     A  county  may,  and  it  is  its  duty,  to  employ  an  attor- 
ney to  protect  the  school  fund ;  but  it  can  not  pay  him  out  of  that  fund ;  it  must 
pay  him  out  of  the  general  county  fund. — Board  v.  State,  116  Ind.  329. 

5.  COUNTY  LIABLE.     The  school  fund  is  intrusted  to  the  county,  and  it  is 
charged  with  the  amount  it  receives;  if  loss  occurs  the  county  has  to  make  that 
loss  good ;  and  if  the  money  is  not  loaned  the  county  is  chargeable  with  the  inter- 
est thereon,  and  must  pay  it;  when  this  is  done  the  obligation  of  the  county  has 
been  fully  met.  -  It  never  was  the  intention  of  the  framers  of  the  Constitution  that 
the  school  fund  should  be  enhanced  at  the  expense  of  the  county,  but  simply  that 
the  fund  should  be  preserved  intact,  and  the  interest  annually  paid. — Board  v. 
State,  122  Ind.  333;  Davee  v.  State,  7  Ind.  App.  71 ;  State  v.  Board,  5  Ind.  App.  220. 

6.  DIVERSION  OF  FUNDS.     If  money,  instead  of  being  added  to  the  perma- 
nent school  fund  of  the  county,  has  been  applied  to  other  purposes  for  the  benefit 
of  the  county,  it  is  a  virtual  conversion  of  the  money  to  the  use  of  the  county,  and 
the  Attorney-General  may  file  an  account  before  the  Board  of  County  Commis- 
sioners, demanding  that  it  be  receipted  back  into  the  county  treasury.     State  v. 
Board,  5  Ind.  App.  220. 

7.  MANDAMUS.     Mandamus  is  not  the  proper  remedy  to  recover  funds  due 
from  the  county  to  the  school  fund.— State  v.  Board,  5  Ind.  App.  220. 

362.  Account  of  fund.  151.  The  County  Auditors  of  the 
several  counties  of  this  State  shall,  immediately  upon  the  taking 
effect  of  this  act,  open  an  account  upon  their  books  with  each 


SCHOOL    LAW    OF   INDIANA.  271* 

of  the  congressional  townships  of  their  respective  counties 
whose  funds  are  managed  by  them,  and  transfer  to  such  account 
from  the  Common  School  Fund  account  the  principal  of  the 
Congressional  Township  Fund,  as  it  existed  before  its  consoli- 
dation with  the  Common  School  Fund,  and  shall  thereafter 
keep  a  separate  account  of  the  principal  and.  interest  of  the 
Congressional  Township  Fund  of  each  township.  (R.  S.  1881, 
§4327;  li.  S.  1894,  §5752;  R.  S.  1897,  §6014.) 

1.  SEPARATION  OF  FUNDS.     This  section  requires  the  separation  of  the  Con- 
gressional Township  Fund  from  the  Common  School  Fund,  with  which  it  had 
been  consolidated  by  the  school  law  of  1852,  in  accordance  with  the  Constitution 
($  1).     But  the  courts  have  held  that  the  proceeds  of  the  sale  of  the  school  sections 
could  not  be  diverted  from  the  use  of  the  inhabitants  of  the  congressional  town- 
ships, to  whom  they  had  been  granted  by  the  United  States. — State  v.  Springfield 
Tp.,  6  Ind.  83;   same,  22  How.  U.  S.  56;   Quick  v.  Whitewater  Tp.,  7  Ind.  570; 
Quick  v.  Springfield  Tp.,  Ind.  636. 

2.  PROCEEDS  OF  LANDS.     When  the  school  sections  have  been  sold  the  pro- 
ceeds of  the  sale  are  managed  by  the  County  Auditor,  and  the  interest  thereon 
distributed  by  him  through  the  county  treasury  to  the  proper  School  Trustees. — 
Davis  v.  State,  44  Ind.  38;   affirmed,  94  (4  Otto)  U.  S.  792. 

[1873,  p.  79.    Approved  and  in  force  March  7, 1873.] 

363.  Custody  of  lands— Report  of  income.  44.  The  cus- 
tody and  care  of  all  lands  belonging  to  the  Congressional  Town- 
ship Fund  shall  he  with  the  Trustee  of  the  civil  township  in 
which  the  same  shall  be  situated;  Avho  shall  report,  annually, 
to  the  Auditor,  by  the  fourth  Monday  in  March,  the  annual  in- 
come derived  therefrom,  to  the  township.  And  the  report  shall 
embrace  a  fully  itemized  statement  of  his  rent  account  of  such 
lands ;  to  whom  and  for  what  amount  the  same  was  rented  to 
each  tenant ;  and  whether  the  rents  have  been  collected  or  not ; 
and  if  any  portion  has  not  been  collected,  he  should  state  fully 
the  reasons  why  the  same  has  not  been  collected.  Any  Trustee 
who  has  heretofore  failed  and  neglected  to  so  report  shall  em- 
brace in  his  first  report  such  itemized  statement  and  showing 
for  each  preceding  year  not  so  reported,  whether  by  himself  or 
his  predecessors ;  and  the  amount  of  School  Funds  for  any  year, 
to  which  such  township  might  otherwise  be  entitled,  shall  be 
withheld,  and  not  paid  over  to  such  Trustee,  if  the  rental  value 
of  such  lands  for  such  terms  shall  equal  or  exceed  the  town- 
ship's otherwise  portion  of  the  School  Fund;  and  it  shall  he 


H  A 

THE 


SCHOOL    LAW    OF    INDIANA. 

the  duty  of  such  Trustee  to  pay  into  the  county  treasury  all 
rents  collected  and  reported  by  him  as  aforesaid.  (R.  S.  1881, 
§  4328;  R.  S.  1894,  §  5753;  R.  S.  1897,  §  6015.) 

1.  RENTS  DISTRIBUTED.     The  rents  of  school  lands  shall  be  paid  into  the 
county  treasury,  to  be  distributed  by  the  Auditor  together  with,  and  in  the  same 
manner  as,  the  interest  on  the  Congressional  Township  Fund.     And  a  Township 
Trustee  who  fails  to  pay  the  rents  into  the  county  treasury,  as  therein  required,  is, 
with  his  county,  liable  on  his  bond  for  the  amount,  with  ten  per  cent,  damages, 
in  a  suit  in  the  name  of  the  State  on  relation  of  the  Board  of  Commissioners. — 
Davis  v.  State,  44  Ind.  38 ;  Davis  v.  Indiana,  94  U.  £  (4  Otto)  792. 

2.  JUDICIAL  NOTICE.     Courts  will  not  take  judicial  notice  what  lands  were 
substituted  for  the  sixteenth  section,  when  that  section  has  been  sold  and  other 
lands  substituted   for   it.     It   must   be  shown  that  such  substituted  lands  were 
actually  selected  by  the  Secretary  of  the  Treasury,  as  required  by  the  statute  of 
the  United  States.—  Peck  v.  L.,  N.  A,  &  C.  E.  E.  Co.,  101  Ind.  366;  Daggett  v. 
Bonewitz,  107  Ind.  276. 

3.  THE  EQUALIZATION  OF  REVENUE  among  the  civil  townships  by  taking 
into  consideration  the  congressional  township  revenue  is  constitutional.     Quick  v. 
Whitewater  Township,  7  Ind.  570;  City  of  Lafayette  v.  Jenner,  10  Ind.  70;  Ad- 
anison  v.  Auditor,  9  Ind.  174;  Quick  v.  Laurel  Township,  17  Ind.  344. 

4.  SCHOOL  LANDS  NOT  SUBJECT  TO   ASSESSMENT   FOR   DRAINS.     The    con- 
gressional township  lands  in  this  State  are  not  subject  to  assessments  in  aid  of 
construction  of  public  ditches  or  drains. — Edgerton  v.  Huntington  School  Town- 
ship, 126  Ind.  261. 

5.  WHERE  LANDS   WERE  SELECTED    BY    THE  SECRETARY  OF  THE  TREAS- 
URY FOR  SCHOOL  PURPOSES,  under  act  of  Congress  of  May  20,   1826,  the  title 
vested  in  the  inhabitants  of  that  congressional  township,  and  a  cause  of  action  to 
recover  the  possession  of  the  lands  from  one  holding  them  adversely  accrued  at 
that  time.     The  fact  that  the  claimant  entered  into  possession  of  the  land  while 
the  title  was  in  the  U.  S.  did  not  prevent  his  holding  from  becoming  adverse  to 
the  township  so  soon  as  the  title  vested  in  it. — Hargis  v.  Inhabitants,  etc.,  29 
Ind.  70. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

364.  Leasing  lands.  45.  He  shall  have  power,  when 
lirected  so  to  do  by  a  vote,  or  by  the.  written  direction  of  a 
majority  of  the  voters  of  the  congressional  township  to  which 
the  same  belongs,  to  lease  such  lands  for  any  term  not  exceed- 
ing seven  years,  reserving  rents,  payable  in  money,  property,  or 
improvements  upon  the  land,  as  may  be  directed  by  a  majority 
of  such  voters.  (R.  S,  1881,  §4329;  R.  S.  1894,  §5754;  R.  S. 
1897,  §  6016.) 

1.  VOTERS.  The  voters  here  intended  are  such  persons  as  are  entitled  to 
vote  at  general  and  townshio  elections,  as  defined  in  the  Constitution  (E.  S.  1881, 
g84;  E.  S.  1894,  §84;  ft,  S.  1897,  g&t).  As  the  law  does  not  provide  how  such 


SCHOOL    LAW    OF    INDIANA.  281 

vote  shall  be  taken,  a  petition  is  the  better  mode  of  procedure.  If  signed  by  a 
majority  of  the  voters  of  the  township  the  Trustee  is  bound  to  comply  with  it. — 
Anderson  v.  Prairie  School  Tp.,  1  Ind.  App.  34. 

2.  POWER  OF  TOWNSHIP  TRUSTEE.     A  Township  Trustee  has  no  power  to 
lease  the  lands  belonging  to  a  congressional  township,  unless  the  voters  of  such 
township  direct  their  leasing ;  and  a  tenant  taking  a  lease  without  such  directions 
having  been  given,  does  so  at  his  peril. — Anderson  v.  Prairie  Tp.,  1  Ind.  App.  34. 

3.  AUTHORITY  TO  INCUR  DEBTS.     No  authority  is  given  Township  Trustees 
to  incur  debts  in  improving  school  lands.     Anderson  v.  Prairie  School  Tp.,  1  Ind. 
App.  34. 

4.  CONTRACT— CONDITION  PRECEDENTS.     Wherever  the  authority  of  a  Trustee 
to  bind  his  corporation  by  contract  depends  upon  precedent  conditions,  one  who 
seeks  to  establish  rights  under  such  contract  must  show  affirmatively  that  all  of 
the  antecedent  requirements  were  strictly  complied  with. — Anderson  v.  Prairie 
School  Tp.,  1  Ind.  App.  34. 

365.  Divided  school   section.     46.    When  the   sixteenth 
section,  or  the  section  which  may  be  granted  in  lieu  thereof, 
shall  be  divided  by  a  county  or  civil  township  line,  or  where 
the  substituted  section  lies  in  any  other  county  in  the  State,  the 
voters  of  the  congressional  township  to  which  the  same  belongs 
shall  designate,  by  vote  or  by  the  written  direction  of  a  majority, 
the  Trustee  of  one  of  the  civil  townships  including  a  part  of 
said  section,  to  have  the  care  and  custody  of  said  section,  and 
to  carry  out  the  directions  of  the  voters  of  the  township  in  rela- 
tion thereto ;  and  the  Trustee  so  designated  shall  have  the  same 
powers  and  perform  the  same  duties  as  if  the  entire  section  was 
situated  within  the  limits  of  the  civil  township,  and  receive  from 
the  County  Treasurer  the  revenue  derived  from  funds  accrued 
from  said  sale.     (R.  S.  1881,  §4330;  R.  S.  1894,  §5755;  R.  S. 
1897,  §  6017.) 

366.  Boundaries  of  townships.     148.     The  County  Com- 
missioners of  each  county  are  required  to  conform  the  boundary 
of  their  civil  townships  to  those  of  congressional  townships,  so 
far  as  it  is  practicable  to  do  so.     (R.  S.  1881,  §  4331 ;  R.  8/1894, 
§5756;  R.  S.  1897,  §  6018.) 

[1877  S.,  p.  66.    Approved  and  in  force  March  12, 1877.] 

367.  School  township,  when   county  lines  divide.    1. 

"Where  county  lines  divide  a  congressional  township,  the  proper 
officer  in  the  county  in  which  the  congressional  school  lands  are 
situated,  or  would  be  situated  if  unsold,  shall  control  such  lands 


282  SCHOOL    LAW    OF    INDIANA. 

and  the  funds  arising  therefrom,  as  in  this  act  is  provided.    (R.  S. 
1881,  §  4332;  R,  S.  1894,  §  5757;  R.  S.  1897,  §  6019.) 

368.  Auditor's  statement  as  to  children.     2.    When  the 
enumeration  is  made  of  children,  under  the  school  laws,  the 
Auditor  of  each  county  shall  furnish  to  the  Auditor  of  the  other 
a  statement  showing  the  number  of  children  in  each  congres- 
sional township ;    and  to  enable  him  to  do  this  correctly,  the 
person  or  officer  making  the  enumeration  shall  correctly  state 
the  number  of  children  in  the  congressional  township  so  divided 
by  county  lines.     (R.  S.  1881,  §  4333 ;  R.  S.  1894,  §  5758 ;  R,  S. 
1897,  §  6020.) 

369.  Auditor's  duty.    3.    The  Auditor  of  the  county  having 
control  of  the  fund  shall  open  an  account  with  the  other  county 
as  to  each  congressional  township,  and  credit  said  other  county 
with  all  money  on  hand,  all  securities  for  lands  sold,  and,  if  any 
lands  be  unsold,  with  the  proceeds  when  sold ;  and,  from  time 
to  time,  as  money  comes  in,  shall  credit  such  county  with  such 
money — that  is  to  say,  shall  divide  such  money  pro  rata  on  the 
basis  of  such  enumeration  and  enter  the  credit ;  and  shall  pay 
over  such  money,  be  it  little  or  much,  to  the  Treasurer  of  such 
other  county,  file  his  receipt  with  the  Auditor  and  take  a  quietus, 
and  so  continue  until  the  whole  portion  due  such  other  county 
is  paid  over.     Such  payments  shall  be  made  quarterly,  to  corre- 
spond with  the  fiscal  year.     (R.  S.  1881,  §4334;  R.  S.  1894, 
§  5759 ;  R,  S.  1897,  §  6021.) 

1.  AUDITOR  BORROAVING.     In  Ware  v.  State,  74  Ind.  181,  it  was  held  that  a 
loan  made  by  the  Auditor  of  a  county  to  himself  was  void,  but  this  was  so  modi- 
fied in  State  v.  Levi,  99  Ind.  77,  as  to  make  the  mortgage  valid  or  invalid  at  the 
option  of  those  having  a  supervisory  control  over  such  fund.     Such  mortgage 
remains  a  subsisting  security  for  the  loan  against  the  mortgagor  or  his  residue,  for 
value,  and  without  notice,  notwithstanding  the  reimbursement  of  the  School  Fund 
out  of  the  county  revenues. — State  v.   Greene,  101  Ind.  532.     The  judgment  of 
foreclosure  bore  the  same  rate  of  interest  as  the  mortgage  (Stockwell  v.  State,  101 
Ind.  1);  but  this  rate  was  modified  by  the  act  approved  February  17,  1893.     See 
p.  41,  Acts  1893;  E.  S.  1894,  25796;  R.  S.  1897,  §6058. 

2.  AUDITOR  BORROWING.     A  County  Auditor  can  not  lawfully  both  lend  and 
borrow  from  the  School  Fund,  and  loans  so  made  and  mortgages  so  executed  are 
without  authority  of  law. — State  v.  Greene,  101  Ind.  532. 

370.  Account  and  distribution.     4.     Snch  Auditor  to  the 
county  controlling  such  lands  and  fund  shall  also  open  an  ac- 
count with  such  lands  and  with  the  township  in  his  own  county 


SCHOOL    LAW   OF    INDIANA.  283 

divided  by  county  line,  and  shall  debit  and  credit  such  accounts 
as  he  receives  money  or  securities  from  sales  or  collections  from 
lands  forfeited  and  resold,  and  all  expenses  in  full  and  regular 
order  of  entry  and  accounting,  so  he  can  tell,  at  any  time,  the 
condition  of  the  lands,  funds  and  securities.  He  shall  collect  in, 
as  fast  as  possible,  all  moneys  outstanding,  make  proper  distri- 
bution as  per  enumeration,  and  credit  the  proper  account  in 
said  county,  and  continue  to  pay  over  to  the  other  county,  as 
above  provided,  until  each,  county  has  its  proper  proportion  of 
said  funds.  (R.  S.  1881,  §4335;  R.  S.  1894,  §  5760;  R.  S.  1897, 
§  6022.) 

371.  Duties  of  the  other  Auditor.    5.    The  Auditor  of  such 
other  county  shall  open  an  account  with  the  proper  township  in 
his  county,  and  credit  such  fund  as  fast  as  received;  and,  when 
in  sufficient  amount,  shall  loan  the  same  as  now  required  by 
law.     Both  Auditors  shall  make  a  statement  of  the  condition 
of  the  fund  annually,  at  the  end  of  the  proper  fiscal  year,  and 
file  one  copy  with  the  Superintendent  of  Public  Instruction,  lay 
one  before  the  County  Commissioners  (which  latter  shall  be 
spread  upon  their  record),  and  both  shall  be  -sworn  to  by  the 
Auditor.     (R.  S.  1881,  §4336;   R,  S.  1894,  §5761;   R.  S.  1897, 
§  6023.) 

372.  Account — Re-adjustment.     6.    The  process  contem- 
plated by  this  act  shall  continue  so  long  as  any  lands  remain 
unsold,  or  any  securities  are  uncollected,  and  until  each  county 
shall  have  become  possessed  of  its  proper  share  of  such  fund  in 
money,  when  the  accounts  here  required  to  be  kept  shall  be 
closed  and  reported  as  aforesaid :     Provided,  That  in  the  year 
1890,  and  every  two  years  thereafter,  there  shall  be  a  re-adjust- 
ment of  said  fund  belonging  to  such  congressional  township, 
upon  the  basis  of  the  number  of  children  enumerated  in  each 
part  of  such  congressional  township,  as  hereinbefore  provided ; 
and  the  Auditor  having  a  surplus  of  such  fund,  according  to 
such  basis,  shall  pay  to  the  Treasurer  of  the  county  interested 
the  amount  of  money  due  said  county  upon  the  per  capita  basis 
then  existing.     For  the  services  here  provided  for,  the  Auditor 
shall  be  allowed  the  same  fees  for  records,  certificates  and  other 


284  SCHOOL    LAW    OF    INDIANA. 

labor,  as  is  allowed  by  law  for  other  similar  services.     (R.  S. 

1881,  §4337;  R.  S.  1894,  §5762;  R,  S.  1897,  §6024.) 

1.     The  Auditor's  fee  must  be  paid  out  of  the  general  fund  of  the  county. — 
Hanlon  v.  Board,  53  Ind.  123. 

[1867,  p.  3.    Approved  and  in  force  March  6, 1865.] 

373.  Power  of  Trustee.     47.     The    proper   Trustee   shall 
have  all  the  rights  and  powers  of  a  landlord,  in  his  official 
name,  in  coercing  fulfillment  of  contracts  relating  to  such  lands, 
and  preventing  waste  or  damage,  or  for  the  recovery  of  the 
same  when  committed.     (R.  S.  1881,  §  4338 ;  R.  S.  1894,  §  5763 ; 
R.  S.  1897,  §  6025.) 

374.  Sale  of  school  lands.     48.    At  any  time  when  five 
voters  of  any  congressional  township  shall,  by  petition  to  the 
Trustee  having  charge  of  the  school  lands  belonging  to  such 
township,  set  forth  their  desire  for  the  sale  of  all  or  any  part 
of  the  school  land,  the  Trustee  shall  give  public  notice,  in  five 
public  places  in  such  township,  of  the  time  and  place  in  such 
township  when  and  where  balloting  will  be  had  to  determine 
whether  the  lands  shall  be  sold  as  petitioned  for  or  not ;  which 
notice   shall   be   given  at  least  twenty  days  before   the   time 
specified  therein.     (R.  S.  1881,  §4339;  R.  S.  1894,  §5764;  R.  S. 
1897,  §6026.) 

1.  WHEN  PETITION  NECESSARY.     A  petition  is  only  necessary  where  land  is 
sold  the  first  time,  and  is  not  necessary  where  it  is  sold  to  recover  the  purchase- 
money.— McPheters  v.  Wright,  110  Ind.  519. 

2.  PUBLIC  DITCH.     Congressional  Township  land  can  not  be  assessed  for  the 
construction  of  a  public  ditch. — Edgerton  v.  Huntington  School  Tp.,  126  Ind.  261. 

375.  Proceedings  to  sell.     49.     A  copy  of  such  petition 
shall  he  entered  on  the  book  containing  the  record  of  the  pro- 
ceedings of  such  Trustee ;  and  his  action  thereon  shall,  also,  be 
recorded.     (R.  S.  1881,  §  4740;  R,  S.  1894,  §  5765;  R.  S.  1897, 
§  6027.) 

376.  Ballots.     50.     If  a  voter  favor  the  sale  of  such  lands, 
he  shall  write  on  his  ballot  the  word  "sale;"  if  he  opposes  the 
sale,  he  shall  write  the  words  "No  sale."     (R.  S.  1881,  §  4341; 
R.  S.  1894,  §  5766 ;  R.  S.  1897,  §  6028.) 


SCHOOL    LAW    OF    INDIANA.  285 

377.  Results  of  election.     51.    No  sale  shall  be  allowed 
unless  a  majority  of  all  the  votes  cast  at  such  election  shall  be 
in  favor  of  such  sale ;  nor  unless  the  number  of  votes  constitut- 
ing such  majority  shall  exceed  fifteen.     (R.  S.  1881,  §  4342;  R,. 
S.  1894,  §  5767 ;  R.  S.  1897,  §  6029.)  . 

378.  Certificate  of  vote.     52.    The  Trustee  shall  attend  at 
the  time  and  place  specified,  and  shall  make  out  a  certificate 
showing  the  number  of  votes  given  for  and  against  the  sale ; 
which  shall  be  signed  by  him  and  filed  in  his  office ;  and  he 
shall  enter  the  same  upon  his  record-book.     (R.  S.  1881,  §  4343 ; 
R,  S.  1894,  §  5768;  R.  S.  1897,  §  6030.) 

379.  Trustee's  duty.     53.     Said  Trustee,  if  satisfied  that  a 
majority  of  all,  and  more  than  fifteen,  voters  have  voted  for  such 
sale,  shall  enter  the  same  on  his  record-book,  and  proceed — 

First.  To  divide  the  lands,  so  voted  to  be  sold,  into  such  lots 
as  will  secure  the  best  price. 

Second.  To  affix  a  minimum  price  to  each  lot,  not  less  than 
one  dollar  and  twenty-five  cents  per  acre,  below  which  it  shall 
not  be  sold. 

Third.  To  certify  such  division  and  appraisement  to  the 
proper  County  Auditor,  together  with  a  copy  of  all  his  proceed- 
ings in  relation  to  the  sale  of  said  lands.  (R.  S.  1881,  §  4344; 
R.  S.  1894,  §  5769 ;  R.  S.  1897,  §  6031.) 

1.  WHERE  PETITION  WAS  NOT  NECESSARY.  When  school  land  which  was 
sold  in  1847,  and  for  non-payment  of  taxes  on  the  purchase-money  was  again  sold 
in  1883,  four  weeks'  notice  of  the  latter  sale  was  sufficient  under  the  law  then  in 
force,  and  no  petition  from  the  voters  of  the  township  was  necessary,  such  petition 
being  required  only  when  the  land  is  first  offered  for  sale. — McPheters  v.  Wright, 
110  Ind.  519. 

380.  Order  and  conduct  of  sale — Fee.    54.    Such  certifi- 
cate and  return  shall,  by  such  Auditor,  be  laid  before  the  Board 
of  County  Commissioners,  at  their  first  meeting  thereafter;  and 
said  Board,  if  satisfied  that  the  requirements  of  the  law  have 
been  substantially  complied  with,  shall  direct  such  lands  to  be 
sold ;  which  sale  shall  be  conducted  as  follows : 

First.     It  shall  be  made  by  the  Auditor  and  Treasurer. 
Second.     Four  weeks'  notice  of  the  same  shall  be  given,  by 
posting  notices  thereof  in  three  public  places  of  the  township 


286  SCHOOL    LAW    OF    INDIANA. 

where  the  land  is  situated,  and  at  the  court  house  door,  and  by 
publication  in  a  newspaper  printed  in  said  county, if  any — other- 
wise, in  a  newspaper  of  any  county  in  the  State  situated  nearest 
thereto.  The  sale  shall  be  made  by  the  Auditor,  at  public  auc- 
tion, at  the  door  of  the  court  house  of  the  county  in  which  the 
land  is  situated,  and  the  Treasurer  shall  take  an  account  thereof; 
and  each  of  said  officers,  for  making  such  sale,  shall  receive  a 
fee  of  one  dollar,  to  be  paid  by  the  purchaser.  (E.  S.  1881, 
§  4335 ;  R,  S.  1894,  §  5770 ;  R.  S.  1897,  §  6032.) 

1.  BOARD  MUST  ACT.     If  the  law  has  been  complied  with  the  Board  may  be 
compelled  by  writ  of  mandate  to  order  the  sale.     The  order  may  be  made  at  a 
special  session.     The  land  can  not  be  sold  below  the  appraised  value,  of  which 
the  purchaser  must  take  notice. 

2.  PUBLIC  SALE.     The  sale  must  be  made  at  the  door  of  the  court  house  of 
the  proper  county,  at  public  auction.     A  private  sale  is  illegal. — McPheters  v. 
Wright,  110  Ind.  519. 

[1875,  p.  ia4.    Approved  and  in  force  March  9, 1875.] 

381.  Terms  of  sale — Timber.  55.  One-fourth  of  the  pur- 
chase-money shall  be  paid  in  hand  and  the  interest  for  the  resi- 
due for  one  year  in  advance,  and  the  residue  in  ten  years  from 
such  sale,  with  like  interest  annually  in  advance ;  and  deferred 
payments  shall  be  regarded  as  a  part  of  the  congressional  town- 
ship school  fund,  and  reported  as  such  by  the  Auditor  to  the 
Superintendent  of  Public  Instruction :  Provided,  That  when 
one-fourth  part  or  more  of  the  value  of  the  lands  so  sold,  at 
the  time  of  such  sale,  shall  consist  of  the  timber  growing 
thereon,  the  terms  of  sale  in  such  case  may  be  as  follows,  viz. : 
At  least  one-half  of  the  purchase-money  cash  in  hand,  and 
interest  for  the  residue  for  one  year  in  advance,  and  the  residue 
in  annual  payments  in  not  exceeding  ten  years  from  such  sale, 
with  like  interest  annually  in  advance ;  and  in  such  case  the 
terms  of  sale  shall  be  set  forth  in  the  notice  provided  for  in 
the  preceding  section  :  And  provided  further,  That  whenever  the 
purchaser  of  any  such  land  shall  be  proceeding  to  cut  or  remove, 
or  threaten  to  cut  or  remove,  from  such  lands,  so  sold,  timber 
growing  or  being  thereon,  to  such  an  extent  that  the  land,  after 
the  cutting  or  removal  of  such  timber,  shall  not  be  equal  in 
value  to  the  amount  of  purchase-money,  with  interest  then 
remaining  unpaid,  it  shall  be  the  duty  of  the  Trustee  of  the 


.<(  IIOOL    LAW    OF    INDIANA.  287 

civil  township  in  which  such  land  is  situated  (and  he  is  hereby 
authorized  and  empowered)  to  commence  and  maintain  an 
action,  in  the  name  of  such  township,  in  the  Circuit  Court  of 
the  county,  to  restrain  and  enjoin  the  further  cutting  or  re- 
moval of  such  timber.  (R.  S.  1881,  §  4346;  R.  S.  1894,  §  5771 ; 
K.  S.  1897,  §  6033.) 

1.  COUNTY  LIABLE  FOR  INTEREST.  The  county  is  chargeable  with  interest 
on  the  entire  amount  of  the  price  of  the  land,  and  the  default  of  a  purchaser  of 
the  land  in  paying  deferred  installments,  and  its  consequent  forfeiture  of  the  land 
to  the  school  fund,  does  not  relieve  the  county  of  liability  for  interest  on  the  full 
amount. — Board  of  Commissioners  v.  State,  120  Ind.  442. 
• 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.J 

382,  Forfeiture — He-sale.     56.     On   failure  to   pay  such 
annual  interest  when  it  becomes  due,  the  contract  shall  become 
forfeited,  and  the  land  shall  immediately  revert  ,to  the  township ; 
and  the  Auditor  and  Treasurer  shall  proceed,  forthwith,  again 

11  the  same,  in  like  manner  and  011  the  terms  above  specified. 
If,  on  such  second  sale,  such  land  shall  produce  more  than  suf- 
fice nt  to  pay  the  sum  owing  therefor,  with  interest  and  costs 
and  live  per  cent,  damages,  the  residue  shall,  when  collected,  be 
paid  over  to  the  purchaser  or  his  legal  representative.  (R.  S. 
1881,  §  4347;  R.  S.  1894,  §  5772;  R.  j.  1897,  §  6034.) 

1.  EFFECT  OF  FORFEITURE — SURPLUS.     A  forfeiture  under  this  section  does 
not  divert  the  title  of  the  purchaser  to  the  real  estate,  but  simply  authorizes  the 
State  to  sell  the  re;il  estate  for  its  own  reimbursement,  the  surplus  going  to  the 
purchaser.  —  McPheters  r.  Wright,  1:24  Jnd.  560. 

2.  REDEMPTION.     A  purchaser  of  school  lands  having  made  default  in  the 
payment  of  interest  on  the  purchase,  the  lands  were  resold.     By  the  law  in  force 
at  the  time  of  the  purchase,  a  defaulting  purchaser  had  a  right  to  redeem  within 
one  year  after  the  sale;  by  that  in  force  at  the  time  of  the  sale  and  at  the  time  of 
the  default  a  delinquent  purchaser  rould  redeem  at  any  time  before  the  sale,  but 
not  after.     It  was  decided  that  the  right  to  redeem  was  governed  by  the  latter 
law. — Moor  r.  Seaton,  31  Ind.  11. 

3.  PETITION'.     No   petition  to  sell  is  required   under   the   above  section. — 
McPheters  v.  Wright,  110  Ind.  519. 

383.  Forfeiture,  how  prevented.     57.    At  any  time  before 
the  sale,  payment  of  the  interest  due  and  all  costs,  together 
with  two  per  centum  damages  on  the  principal  sum  and  inter- 
est due  and  owing  for  said  land,  shall  prevent  such  sale  and 
revive  the  original  contract.     (R,  S.  1881,  §  4348;  R.  S.  1894, 
§  5773;  R.  S.  1897,  §  6035.) 


288  SCHOOL    LAW    OF    INDIANA. 

384.  Forfeiture— Liability  for  waste.    58.   In  case  of  such 
forfeiture,  the  original  purchaser  may  be  sued  for  waste  or  un- 
necessary injury  done  to  such  land.     (R.  S.  1881,  §  4349  ;  R.  S. 
1894,  §  5774;  R.  S.  1897,  §  6036.) 

385.  Suit  for  waste.     59.     Such  suit  shall  be  prosecuted  by 
the  Auditor,  in  the  name  of  the  State,  for  the  use  of  the  proper 
congressional  township.     (R,  S.  1881,  §  4350 ;  R.  S.  1894,  §  5775  ; 
R.  S.  1897,  §  6037.) 

386.  Private  sale.     60.     When  any  land  offered  for  sale  at 
public  auction  shall  remain  unsold,  the  County  Auditor  may  dis- 
pose of  the  same  at  private  sale  for  the  best  price  that  can  be* 
had  therefor,  not  being  less  than  the  minimum  price  affixed 
thereto.     (R,  S.  1881,  §4351;    R.  S.  1894,  §5778;  R,  S.  1897, 
§  6040.) 

1.  WHEN  SALE  AUTHORIZED.  This  section  authorizes  a  private  sale  only 
where  the  land  has  been  offered  for  sale  at  public  auction  and  remains  unsold.— 
McPheters  v.  Wright,  110  Ind.  519. 

387.  Re-appraisement.     61.    After  the  expiration  of  the 
term  of  four  years  after  any  appraisement  and  offer  for  sale  of 
any  lands  in  this  State  belonging  to  any  township  for  school 
purposes,  and  such  lands  remain  unsold,  it  shall  be  lawful  to 
re-appraise,  sell  and  dispose  of  said  lands  in  the  same  manner 
that  they  would  have  been  had  such  lands  not  been  previously 
offered  for  sale :     Provided,  however,  That  such  appraised  value 
shall  not  be  below  the  minimum  price  now  fixed  by  law.     (R. 
S.  1881,  §  4352 ;  R,  S.  1894,  §  5779 ;  R.  S.  1897,  §  6041.) 

[1883,  p.  75.    Approved  and  in  force  March  3, 1883.1 

388.  Advertisement    of    funds.     1.    Whenever,    in    any 
county  of  the  State  of  Indiana,  the  school' fund,  or  any  part  of 
the  school  fund,  apportioned  to  such  county  to  be  loaned  out,  re- 
mains unloaned,  it  shall  be  the  duty  of  the  Auditor  of  said 
county  to  advertise,  in  the  months  of  January,  April,  July  and 
October,  for  three  consecutive  weeks,  in  a  weekly  newspaper 
published  in  said  county,  that  such  amount  of  school  fund  re- 
mains unloaned,  and  that  applicants  for  loans  can  secure  the 
same  by  applying  at  his  office  and  fulfilling  the  requirements 
of  the  law  under  which  he  is  authorized  to  loan  out  the  school 
fund.     (R.  S.  1894,  §  5809 ;  R.  S.  1897,  §  6063.) 


SCHOOL   LAW   OF    INDIANA. 


289 


L1883,  p.  79.    Approved  and  in  force  March  3, 1883.] 

389.  Re-appraisement  of  forfeited  lands.     1.    All  lands 
which  have  become  forfeited  and  have  reverted,  or  may  here- 
after be  forfeited  and  revert  to  the  various  townships  in  the  sev- 
eral counties  of  this  State,  for  failure,  to  pay  the  interest  or 
principal  of  the  amount  due  thereon  to  the  school  fund,  and 
which  have  remained  or  hereafter  remain  unsold  for  the  period 
of  three  years,  by  reason  of  the  amount  due  thereon  being  in 
excess  of  the  values  of  said  lands,  may  be  re-appraised  and  sold 
for  a  sum  not  less  than  said  re-appraised  value  thereof;  and 
such  re-appraisement  and  sale  to  be  made  in  the  same  manner 
and  upon  the  same  terms  and  conditions  as  is  now  prescribed 
by  law  for  the  appraisement  and  sale  of  such  lands.     (II.  S. 
1894,  §  5776;  E.  S.  1897,  §  6038.) 

1.  To  WHAT  LAND  APPLIABLE.  This  section  relates  to  the  sale  of  congress- 
ional township  lands,  and  it  has  no  reference  to  the  right  of  the  county  to  be  re- 
imbursed for  interest  paid  on  loans  out  of  the  proceeds  of  a  sale  under  a  mortgage 
after  the  principal  has  been  paid  to  the  State.— Board  v.  State,  122  Ind.  333, 

390.  Appropriation    by    Commissioners.     2.    Upon  the 
sale  of  such  lands  as  provided  for  in  the  preceding  section  of 
this  act,  the  Board  of  County  Commissioners  of  the  several 
counties  in  which  said  lands  are  situated  may  make  an  appro- 
priation, from  the  general  county  funds,  a  sum   equal  to  the 
difference  between  the  amount  for  which  said  lands  shall  have 
been  forfeited  and  the  amount  for  which  such  lands  shall  have 
last  sold ;  said  sum  appropriated  to  be  placed  to  the  credit  of 
the  proper  fund  and  loaned  as  other  school  funds  are  loaned. 
R.  S.  1894,  §  5777 ;  R.  S.  1897,  §  6039.) 

1.  MANDATORY.  This  seclion  is  mandatory,  for  the  reason  that  the  county  is 
liable  for  all  deficits  in  the  funds  entrusted  to  its  care. — Board  v.  State,  122  Ind.  333. 

391.  Certificate  of  purchase.  62.  A  certified  statement 
of  such  sale  shall  be  made  and  signed  by  the  Auditor,  and, 
being  first  recorded  by  such  Auditor  in  the  records  of  the  Board 
of  County  Commissioners,  shall  be  delivered  to  the  purchaser 
when  he  makes  his  first  payment,  and  shall  entitle  him  to  a  deed 
when  the  terms  of  such  purchase  shall  have  been  fully  complied 
with,  (R,  S.  1881,  §  4353 ;  R.  S.  1894,  §  5780 ;  R.  S.  1897,  §  6042.) 

1.  JUDGMENT,  No  LIEN.  A  judgment  is  no  lien  on  land  held  by  a  certificate 
issued  under  this  section. — Jeffries  v.  Sherburn,  21  Ind.  112. — See  Bell  v.  Corbin, 
136  Ind.  269. 

19— SCH.  LAW. 


290  SCHOOL   LAW   OF   INDIANA, 

392.  Rights  of  purchaser.  63.  Every  purchaser,  until 
forfeiture,  shall  be  entitled  to  all  the  rights  of  possession  before 
existing  in  such  Trustee  or  township,  and  to  all  rights  and 
remedies  for  rents  becoming  due  or  breaches  of  covenant  occur- 
ring after  his  purchase  under  any  lease  existing  at  the  time  of 
his  purchase,  and  for  all  waste  committed  thereafter.  (R.  S. 
1881,  §  4354;  R.  S.  1894,  §  5781 ;  R.  S.  1897,  §  6043.) 

1.  ESTOPPEL.  When  the  inhabitants  of  a  township  had  received  a  part  of  the 
purchase  money  of  school  lands,  and  interest  for  several  years  on  the  balance, 
and  expended  the  money  for  the  purposes  contemplated  by  the  grant,  and  the 
purchaser  had  taken  possession  and  made  valuable  improvements,  it  was  held 
that  they  must  be  deemed  to  have  acquiesced  in  the  sale,  and  that  they  are 
estopped  to  deny  its  validity. — State  v.  Stanley,  14  Ind.  409. 

393.  Failure  to  make  first  payment— Penalty.    64.    A 

purchaser  at  such  sale  failing  to  make  the  first  payment  as  above 
required  shall  pay  ten  per  centum  on  the  sum  bid,  to  be  recov- 
ered by  action  before  any  Court  having  jurisdiction,  to  be  pros- 
ecuted by  the  County  Auditor  in  the  name  of  the  State  for  the 
use  of  the  proper  township ;  and  the  Auditor  and  Treasurer 
shall  be  competent  witnesses.  (R.  S.  1881,  §4355;  R.  S.  1894, 
§  5782 ;  R,  S.  1897,  §  6044.) 

1.  TENDER  OF  DEED.  In  a  suit  to  recover  the  final  installment  of  purchase 
money,  a  deed  should  be  first  made  and  tendered. — Johnson  v.  State,  74  Ind.  588. 

394.  Assignments.     65.    No   assignment   of  a  certificate 
shall  be  valid  unless  acknowledged  before  some  officer  author- 
ized to  take  acknowledgments  of  deeds,  or  before  the  County 
Auditor,  who  shall,  in  all  such  cases,  record  the  same.     Assign- 
ments of  certificates  heretofore  made  before  any  officer  author- 
ized to  take  acknowledgments  of  deeds,  when  recorded,  shall 
be  as  valid  as  if   acknowledged  before  the  County  Auditor. 
(R.  S.  1881,  §4356;  R.  S.  1894,  §5783;  R.  S.  1897,  §6045.) 

[1863,  p.  11.    Approved  February  27, 1863,  and  in  force  October  10, 1863.J 

395.  Defective  assignments— Proceedings.  1.  Whenever 
the  certificate  of  the  School  Commissioner  or  Auditor  of  any 
county  of  this  State,  issued  for  land  sold,  has  been  assigned  by 
any   person    without   a    proper    acknowledgment    before   the 
County  Auditor  or  other  proper  officer,  or  assigned  by  delivery, 
and  such  assignor  is  deceased,  any  assignee  of  such  certificate, 


SCHOOL   LAW   OF   INDIANA.  291 

claiming  title  to  the  land  described  therein,  may  file  his  com- 
plaint in  the  proper  Circuit  Court,  making  the  County  Auditor 
and  the  heirs  of  such  deceased  assignor  parties  thereto.  If  it 
shall  he  proved  to  the  satisfaction  of  the  Court  that  the 
plaintiff,  or  any  party  to  the  cause,  is  the  equitable  owner  of  the 
land,  and  the  purchase-money  has  been  fully  paid  to  the  school 
fund,  the  Court  shall  direct  the  Auditor  to  execute  a  proper 
conveyance  to  the  plaintiff  or  other  parties  entitled  thereto, 
although  the  certificate  has  not  been  properly  assigned  or  the 
assignment  thereof  properly  acknowledged  by  the  decedent. 
All  other  persons  claiming  any  interest  in  the  land  may,  on 
their  application,  be  made  parties  and  heard  in  the  case.  The 
Auditor  shall  execute  a  conveyance,  according  to  the  directions 
of  the  Court;  and  such  conveyance  shall  vest  in  the  grantee 
the  title  of  said  land  as  fully  and  to  all  intents  and  purposes  as 
if  the  certificate  had  been  legally  assigned  and  the  assignment 
properly  acknowledged.  (R.  S.  1881,  §  4357 ;  R.  S.  1894,  §  5784 ; 
R.  S.  1897,  §  6046.) 

[1866,  p.  3.    Approved  and  in  force  March  6, 1865.] 

396.  Loan  of  purchase-money.     66.    When  the  residue  of 
the  purchase-money  becomes  due,  the  purchaser  may  retain  the 
same  as  a  loan  for  a  term  not  exceeding  three  years,  on  payment, 
annually  made  in  advance,  of  the  interest  thereon,  at  the  rate 
then  established  by  law  for  the  loans  of  such  funds  ;  but  he  shall 
receive  no  deed  until  full  payment  is  made.     (R.  S.  1881,  §  4358 ; 
R.  S.  1894,  §  5785 ;  R,  S.  1897,  §  6047.) 

397.  Payments.     67.     Purchasers  may,  at  any  time  before 
due,  pay  a  part  or  the  whole  of  such  purchase-money.     (R.  S. 

1881,  §  4859 ;  R.  S.  1894,  §  5786;  R.  S.  1897,  §  6048.) 

398.  Lost  certificate.    68.    When  any  such  certificate  shall 
be  lost  before  a  deed  be  made,  on  proof  thereof  by  affidavit  of 
the  person  interested,  or  other  competent  testimony,  to  be  filed 
with  the  County  Auditor,  and  after  three  months'  notice  of  in- 
tention to  apply  for  a  new  certificate,  given  in  some  newspaper 
printed  nearest  to  where  the  land  lies,  such  Auditor  may  issue 


292  SCHOOL   LAW    OF    INDIANA. 

the  same  to  the  person  entitled  thereto.     (R.  8.  1881,  §4360; 
R.  S.  1894,  §  5787;  R.  S.  1897,  §  6049.) 

1.  LOST  CERTIFICATE.  If  a  certificate  is  lost  a  new  one  may  be  issued  to  the 
purchaser,  even  to  a  grantee  of  the  purchaser. — Hinkle  v.  Margerum,  50  Ind.  240, 
241. 

399.  Purchase-money,  where  paid.  69.  The  purchase- 
money  and  interest,  and  all  costs  and  damages  above  provided 
for,  shall  be  paid  to  the  Treasurer  of  the  proper  county,  and  his 
receipt  therefor  filed,  by  the  person  paying,  with  the  County 
Auditor,  who  shall  issue  his  quietus  therefor.  (R.  S.  1881,  §  4361 ; 
R,  S.  1894,  §  5788 ;  R.  Si  1897,  §  6050.) 

400.  Duty  of  Auditor.  70.  When  such  payment  is  in  com- 
pletion of  any  contract  of  sale,  the  amount  of  such  receipt  shall 
be  indorsed  by  the  County  Auditor  on  the  certificate  of  purchase. 
(R  S.  1881,  §  4362;  R,  S.  1894,  §  5789;  R.  S.  1897,  §  6051.) 

• 

401.  Deed.  71.  On  full  payment  for  such  land  a  deed  shall 
be  issued  by  the  County  Auditor,  and  entered  upon  the  record- 
book  of  the  Board  of  County  Commissioners.  (R.  S.  1881, 
§  4363 ;  R,  S.  1894,  §  5790 ;  R,  S.  1897,  §  6052.) 

1.  ENTRY  ON  EECORD.  The  deed,  before  delivery,  must  be  entered  on  the 
record-book  of  the  County  Commissioners. — Arnold  v.  Gaff,  58  Ind.  543. 

[1877,  p.  139..    Approved  and  in  force  February  8, 1877.] 

402.  Sale — Legalization.  1.  In  all  cases  where  school 
lands  have  been  sold  and  certificate  has  either  been  issued  to  the 
purchaser  or  entered  of  record  in  the  proper  ofnce,  or  otherwise, 
so  the  purchaser  entered  into  possession  and  paid  part  of  the 
whole  of  the  purchase-money,  or  could  have  entered  into  occu- 
pancy, such  sale  shall  be  deemed  and  held  a  sale  under  the  law, 
as  much  as  it  would  be  had  a  deed  been  made  and  delivered  and 
the  fee  had  been  passed  to  the  purchaser ;  and  such  lands  shall 
be  deemed  and  held  as  having  been  sold,  so  as  to  make  them 
liable  to  taxation,  within  the  meaning  of  the  law,  as  fully  and 
completely  as  they  would  have  been  had  a  deed  been  delivered. 
All  appraisements  of  lands  so  sold,  and  all  assessments  of  the 
same  for  taxes,  and  all  levies  and  collections  of  taxes  thereon, 
heretofore  made,  are  hereby  legalized  and  declared  to  be  lawful 
and  valid,  and  shall  in  nowise  be  subject  to  question  by  reason 


SCHOOL    LAW    OF   INDIANA.  293 

of  such  sale  not  having  been  consummated  by  execution  and 
delivery  of  deed.  (R,  S.  1881,  §  4364;  R.  S.  1894,  §  5791 ;  R.  S. 
1897,  §  6053.) 

11865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

403.  Title,  when  complete.     72.     Such  deed  shall  be  ex- 
ecuted and  acknowledged,  at  the  cost  of  the  grantee,  by  the 
County  Auditor,  as  in  other  cases ;  and,  thus  executed  and  de- 
livered, shall  vest  in  the  grantee,  his  heirs  and  assigns,  forever,  a 
complete  title  to  the  land.     (R.   S.  1881,  §4365;  R.  S.  1894, 
§  5792 ;  R.  S.  1897,  §  6054.) 

404.  Sale  had  without  vote.     73.     The  voters  of  any  con- 
gressional township  may,  in  the  absence  of  a  vote  to  sell  land, 
and  in  lieu  thereof,  petition  the  Trustee  of  the  township  for  such 
sale.     Such  petition,  if  signed  by  a  majority  of  all  the  voters  of 
the  township,  shall  be  filed  with  the  County  Auditor,  and  the 
same  proceeding  shall  be  had  as  provided  in  section  fifty-four 
[§  269],  upon  a  vote  of  the  inhabitants  of  the  township  for  such 
sale.     Such   petition   and   certificate  shall  be  recorded  in  the 
record  book  of  the  Trustee  of  the  township  and  of  the  County 
Auditor  of  the  investment  of  funds  held  for  the  benefit  of  com- 
mon schools  and  congressional  townships.     (R.  S.  1881,  §4366; 
R.  S.  1894,  §  5793 ;  R.  S.  1897,  §  6055.) 

1.  WITHDRAWING  SIGNATURE.  See  section  364.  After  a  petition  has  been 
recorded,  persons  whose  names  are  signed  to  it  can  not  withdraw  their  signature 
so  as  to  defeat  a  sale. 

405.  Compensation  on  failure  of  title.    150.     When  any 
officer  authorized  to  sell  school  lands  shall  have  sold  any  lands 
without  a  title  thereto,  such  officer,  or  his  successor  in  office 
may  convey  such  other  lands  of  equal  value  as  may  be  agreed 
upon  by  such  officer  and  the  purchaser,  his  heirs  or  assigns ;  or, 
failing  to  make  such  agreement,  the  purchase  money,  with  in- 
terest, shall  be  repaid  to  the  purchaser,  his  heirs,  executors,  ad- 
ministrators or  assigns ;  but  no  such  purchase  money  shall  be 
thus   repaid    until  the   proper   Prosecuting   or  District  Attor- 
ney shall  have  investigated  the  facts  of  the  case  and  certified  to 
the  correctness  of  the  claim.     (R.  S.  1881,  §4367;  R,  S.  1894, 
§5794;  R.  S.  1897,  §6056.) 

1.     SALES  LEGALIZED.     Sales  in  unauthorized  subdivisions  prior  to  March  3 
1855,  were  legalized.— Acts  1855,  p.  144. 


294  SCHOOL    LAW    OF    INDIANA. 

[1855,  p.  49.    Approved  March  1, 1855,  and  in  force  August  17, 1855.] 

406.  Lands  of  surplus  revenue  fund,  how  sold.   1.  Where 
the  surplus  revenue  fund  belonging  to  common  schools,  in  any 
county  in  this  State,  or  any  part  of  such  fund,  has  by  any  means 
become  invested  or  changed  into  real  estate,  the  Board  of  Com- 
missioners of  such   county  are  hereby  authorized  to  dispose 
of  the  same,  by  sale,  in  such  manner  as  may  seem  best  for 
the  interest  of  the  common  school  fund,  and  to  reinvest  the 
proceeds  of  such  sale  in  the  manner  directed  by  law  for  the 
investment  of  other  moneys  belonging  to  the  common  school 
fund.     (R.S.  1881,  §4368;  K.  S.  1894,  §5795 ;  R.  S.  1897,  §6057.) 

[1893,  p.  41.    Approved  and  in  force  February  17, 1893.] 

407.  Interest — Judgment.    1.   The  principal  of  all  moneys, 
whether  belonging  to  the  common  school  fund  or  to  the  congres- 
sional township  school  fund,  received  into  the  county  treasury 
shall  be  loaned  at  6  per  cent,  per  annum,  payable  annually  in 
advance,  and  the  interest  paid  out  as  prescribed  by  the  school 
law  of  this  State,  and  not  otherwise;   and  any  judgment  upon 
any  note  or  mortgage  for  any  part  of  said  fund  shall  bear  6  per 
cent,  interest  from  the  date  thereof  till  the  same  is  paid  ;  and 
no  greater   rate  of  interest  than  is  herein   specified   shall    be 
exacted  or  received  upon  any  loan  heretofore  made  at  the  rate 
of  8  per  cent,  per  annum  shall,  from  and  after  the  taking  effect 
of  this  act,  draw  6  per  cent,  interest  per  annum,  the  same  as  if 
negotiated  under  the  provisions  of  this  act.     (R.  S.  1894,  §  5796 ; 
R.  S.  1897,  §  6058.) 

1.  KEPEAL.     This  act  repeals  that  of  March  2,  1889.     Acts  1889,  p.  81. 

2.  INTEREST  AFTER  MATURITY.     A  school  fund  mortgage  draws  the  same 
interest  after  maturity  that  it  does  before. — Stockwell  v.  State,  101  Ind.  1. 

[1883,  p.  75.    Approved  and  in  force  March  3, 1883.] 

408.  Advertisement  of  funds.    1.   Whenever,  in  any  county 
of  the  State  of  Indiana,  the  school  fund,  or  part  of  the  school 
fund,  apportioned  to  such  county  to  be  loaned  out,  remains  un- 
loaned,  it  shall  be  the  duty  of  the  Auditor  of  said  county  to 
advertise,  in  the  months  of  January,  April,  July  and  October, 
for  three  consecutive  weeks,  in  a  weekly  newspaper  published 
in  said  county,  that  such  amount  of  the  school  fund  remains 
un loaned,  and  that  applicants  for  loans  can  secure  the  same  by 


SCHOOL   LAW   OF   INDIANA.  295 

applying  at  his  office  and  fulfilling  the  requirements  of  the  law 
under  which  he  is  authorized  to  loan  out  the  school  fund.  (R. 
S.  1894,  §  5800;  R,  S.  1897,  §  6063.) 

[1899,  p.  V26.    Approved  and  in  force  February  24, 1899.] 

409.  Bulletin  board  of  loans.     1.     Each  County  Auditor 
within  this    State    shall   immediately    upon    the   taking   effect 
of  this  act,  cause  to  be  placed  in  a  conspicuous  place  in  the  Au- 
ditor's office  at  the  court  house  of  this  county  a  bulletin  board, 
if  such  hoard  is  not  already  provided,  on  which  bulletin  board 
such  County  Auditor  shall  on  the  first  of  each  month  post  or 
write   a   statement    showing   the    amount   of  unloaned    school 
funds,  if  any,  in  the  county  treasury  which  statement  shall  be 
kept  on  said  board  during  said  month  or  until  loaned  by  him. 

[Acts  1865,  p.  3.    Approved  and  in  force  March  6, 1865.J 

410.  Auditor's  duty.     75.     Such  loans  shall  be  made  by 
the  County  Auditor,  who  shall  inform  himself  of  the  value  of 
the  real  estate  offered  in  the  mortgage  and  be  satisfied  of  the 
validity  of  the  title  thereof;  and  all  persons  applying  for  a  loan 
shall  produce  to  said  Auditor  title  papers,  showing  to  his  satis- 
1  act  ion,  a  good  and  sufficient  title  in  fee-simple,  without  incum- 
hrance,  [and]  not  derived  from  sale  for  taxes.     (R.  S.  1881,  § 
4370;  R.  S.  1894,  §  5797;  R.  S.  1897,  §  6059.) 

1 .  PRIOR  MORTGAGE.     The  existence  of  an  incumbrance  to  the  knowledge  of 
the  Auditor  does  not  invalidate  the  mortgage  as  against  the  borrower  — Deming 
v.  State,  23  Ind.  416. 

2.  PERSONAL  SECURITY.     A  loan  on  personal  security  only,  without  a  mort- 
gage, though  a  violation  of  the  Auditor's  duty,  is  nevertheless  binding  upon  the 
borrower  and  the  surety.— Scotten  v.  State,  51  Ind.  52. 

15.  LOAN  TO  HIMSELF  UNLAWFUL.  A  mortgage  executed  by  a  County  Auditor 
to  secure  a  loan  of  a  part  of  the  common  school  fund  made  to  himself  is  valid  or 
invalid  at  the  option  of  those  having  the  supervisory  control  of  the  fund.  The 
loan  is  unlawful  as  against  public  policy,  and  is  a  breach  of  the  Auditor's  official 
bond,  but  the  mortgage  may,  both  to  the  Auditor  and  those  claiming  under  him, 
be  resorted  to  and  enforced  as  a  means  of  reimbursing  the  fund,  looking  to  the 
Auditor  and  his  sureties  for  any  deficiency  that  may  remain  after  the  mortgaged 
land  has  been  exhausted. — State  v.  Levi,  99  Ind.  77.  See  also  Stockwell  r.  State, 
101  Ind.  1 ;  State  v.  Greene,  101  Ind.  532,  and  Ware  v.  State,  74  Ind.  181. 

4.  SUIT  TO  CANCEL  MORTGAGE.  A  suit  can  not  be  maintained  against  the 
Auditor  to  cancel  a  school  fund  mortgage. — Crooks  v.  Kennett,  111  Ind.  347; 
Snodgrass  v.  Morris,  123  Ind.  425. 


296  SCHOOL   LAW   OF   INDIANA. 

5.  AUDITOR  AGENT  OF  PUBLIC.  In  making  a  loan  a  County  Auditor  acts 
neither  for  himself  nor  the  borrower,  but  for  the  public;  he  possesses  no  powers 
except  such  as  is  given  by  statute ;  and  all  persons  are  bound  to  take  notice  of 
the  character  in  which  he  acts  and  his  limited  powers.  —  Davee  v.  State,  7  Incl. 
App.  71. 

411.  Appraisement.     70.     The  Auditor  shall  require  three 
disinterested  freeholders  of  the  neighborhood  to  appraise  any 
land    offered    in    mortgage.     (K.  S.  1881,   §  4371;  E.  S.  1894, 

§  5798;  K.  S.  1897,  §  6060.) 

412.  Duty  of  appraisers.     77.     Such  appraisers,  being  first 
officially  sworn,  shall  examine  and  appraise  such  land,  and  sign 
and  give  to   the   applicant  a  certificate,  setting  forth  the  fair 
cash  value  of  the  land  at  the  time,  without  taking  into  consid- 
eration perishable  improvements.     (H.  S.  1881,  §  4372;  E.  S. 
1894,  §  5799;  R.  S.  1897,  g  6061.) 

[1885,  p.  195.    Approved  April  11, 1885,  and  in  force  July  18, 1885.] 

413.  Loans  outside  of  county.     78.    In  making  such  loans 
preference   shall  be  given  to  the  inhabitants   of  the  county : 
Provided,  That  whenever  any  of  such  funds  shall  have  remained 
in  the  treasury  of  any  county  to  which  the  same  may  belong 
for  a  period  of  three  months,  without   being   loaned  to   any 
inhabitant  of  said  county,  then  the  Auditor  of  said  county  may 
loan  the  same  to  any  freeholder  of  any  other  county  in  Indiana, 
upon  his  complying  with  the  law  regulating  such  loans.    When 
the  land  received  as  security  for  any  such  loan  is  situated  in 
any  county  of  the  State  other  than  the  one  in  which  the  loan  is 
made,  and  there  is  default  in  the  payment  of  interest  or  prin- 
cipal, the  Auditor  of  the  county  making  the  loan  shall  at  once 
transmit  to  the  Auditor  of  the  county  where  the  land  is  situated 
a  certified  copy  of  the  note  and  mortgage  given  for  the  loan, 
with  a  statement  of  such  default  in  payment,  and  the  Auditor 
of  such  latter  county  shall,  upon  such  certified  copy,  at  once 
proceed  to  enforce  the  collection  of  such  loan  either  by  suit  or 
sale  of  the  land,  as  is  now  provided  by  law;  and,  after  receiv- 
ing such  certified  copy  by  said  Auditor,  all  steps  taken,  and  all 
proceedings  had,  with  reference  to  said  loan  or  the  land  which 
was  mortgaged  shall  be  the  same  as  if  the  loan  had  originally 
been  made  out  of  the  funds  belonging  to  said  county;  and  all 


SCHOOL    LAW    OF    INDIANA.  297 

money  collected  or  realized  upon  such  loan  shall  at  once,  as 
soon  as  collected  or  realized,  be  paid  over  to  the  Auditor  of  the 
county  having  made  the  loan.  (R.  S.  1894,  §  5800;  R.  S.  1897, 
§  6062.) 

1.  OLD  LAW.  Until  this  section  was  enacted  a  loan  could  not  be  made  out- 
side of  the  county,  although  the  mortgage  given  to  secure  it  was  valid. — Skelton 
v.  Bliss,  7  Ind.  77. 

11901,  p.  152.    Approved  and  in  force  March  7, 1901.] 

414.  Loan  of  School  and  University  Funds.    1.    The 

principal  of  all  moneys,  whether  belonging  to  the  Common 
School  Fund,  the  Congressional  Township  School  Fund,  or  the 
Permanent  Endowment  Fund,  Indiana  University,  received  into 
the  county  treasury,  shall  be  loaned  at  six  per  cent,  per  annum 
payable  annually  at  the  end  of  each  year  from  the  date  of  such 
loan. 

415.  Limit  of  loan.     2.     The  amount  loaned  to  any  person 
or  company  from  the  Common  School  Fund,  the  Congressional 
Township  School  Fund,  or  the  Permanent  Endowment  Fund, 
Indiana  University,  shall  not  exceed  four  thousand  dollars. 

1.  EXCEEDING  LIMIT.  Although  the  amount  loaned  exceed  the  amount 
allowed  by  this  section,  yet  the  loan  is  valid. — Deming  v.  State,  23  Ind.  416. 

416.  Percentage  of  value  of  land.     3.    The  sum  loaned 
shall  not  exceed  one-half  the  appraised  value  of  the  premises 
proposed  to  be  mortgaged  clear  of  all  perishable  improvements  : 
Provided,  That  where  [when]  such  premises  are  situated  in  a 
county  other  than  that  to  which  such  fund  may  belong  the  sum 
loaned  thereon  shall  not  exceed  forty  per  cent,  of  the  appraised 
value  of  such  premises,  exclusive  of  perishable  improvements. 

417.  Length  of  time.     4.     No  loan  shall  be  made  for  a 
longer  term  than  five  years,  and  any  borrower  of  such  funds 
shall  have  the  right  to  pay  not  less  than  ten  per  cent,  of  any 
sum  so  loaned  to  him  at  the  end  of  any  year  during  the  matur- 
ing of  said  loan,  and  shall  not  be  required  to  pay  any  interest 
thereafter  on  such  sum  paid. 


298  SCHOOL    LAW    OF    INDIANA. 

418.  County  may  borrow.     5.     In  any  county  in  this  State 
where   the    Common    School    Fund,    Congressional    Township 
School  Fund,  or  the  Permanent  Endowment  Fund,  Indiana 
University,  or  either  of  said  funds,  subject  to  loan  by  the  County 
Auditor,  shall  accumulate  to  the  amount  of  one  thousand  dol- 
lars or  more,  and  shall  remain  unloaned  for  a  period  of  thirty 
days  or  more,  and  such  county  shall  not  have  sufficient  money 
in  its  treasury  to  pay  the  debts  and  obligations  then  owing  by 
such  county,  it  shall  be  lawful  for  such  county  to  borrow  and 
use  such  unloaned  school  funds,  or  any  portion  thereof,  for  a 
period  not  exceeding  five  yearn. 

419.  Note  of  county — County  Council.     6.     Whenever 
any  County  Council  shall  determine  to  borrow  and  use  any  such 
funds  under  the  provisions  of  this  act,  such  Council  shall  cause 
to  be  entered  of  record  an  order  specifying  the  amount  of  such 
funds  to  be  borrowed  and  used,  and  the  time  for  which  such 
loan  shall  be  made,  and  shall  execute  to  the  State  of  Indiana, 
for  the  use  of  the  said  funds,  a  written  obligation  signed  by  the 
President  of  said  Council,  specifying  the  facts  under  which  the 
same  is  executed,  the  sum  of  money  borrowed,  and  the  time 
when  such  money  shall  be  repaid  to  such  county.     Said  obliga- 
tion shall  be  deposited  writh  the  Auditor  of  the  county,  and 
shall  be  preserved  by  him  as  mortgages  for  loans  of  such  funds 
are  kept  and  preserved;  and  such  Auditor  shall  make  the  same 
entries  of  record  in  his  office  respecting  such  loans  as  he  is  re- 
quired by  law  to  make  when  loans  of  such  funds  are  made  to 
private  individuals. 

420.  Auditor's  warrant.     7.     On  the  deposit  of  such  obli- 
gation with  the  County  Auditor,  he  shall   draw  his  warrant 
upon  the  County  Treasurer,  in  favor  of  such   county,  for  the 
amount  of  money  specified  in  such  order  and  obligation ;  and 
on  presentation  of  such  warrant  to   such  Treasurer  he  shall 
transfer  from  the  principal  sum  of  the  Common  School  Funds, 
the  Congressional  Township  School  Funds  or  the  Permanent  En- 
dowment Fund,  Indiana  University,  in  his  hands,  subject  to  loan, 
to  the  credit  of  the  county  revenue  of  such  county,  the  amount 
of  such  warrants,  and  such  sum  shall  become  a  part  of  the  gen- 
eral revenue  funds  of  the  county.    No  County  Auditor  shall  act  as 


SCHOOL    LAW    OF    INDIANA.  299 

agent  for  any  person,  firm  or  corporation,  either  directly  or  in- 
directly, during1  his  term  of  office,  in  the  negotiation  of  any  loan 
of  money,  other  than  in  loaning  the  funds  mentioned  in  this  act. 

421.  Rate    of  interest.     8.     Any    county   borrowing   and 
using  any  funds  under  the  provisions  of  this  act,  shall  be  re- 
quired to  pay  interest. for  the  use  of  such  funds  at  the  rate  of 
six  per  cent,  per  annum. 

422.  Payment  of  loan.     9.    On  the  payment  by  any  county 
of  a  loan  made  under  this  act,  the  same  proceedings  shall  be 
had  by  the  County  Auditor  and  Treasurer  as  is  required  by  law 
to  be  taken  and   had,  so  far  as  entries  upon  their  records  are 
concerned,  as  when  a  loan  of  school  funds  or  State   University 
funds  is  paid  by  a  private  individual,  and  when  such  loan  is 
fully  paid,  and  a  receipt  therefor  given  by  the  County  Treas- 
ure r.to  the  County  Auditor,  such  Auditor  shall  enter  of  record 
a  statement  showing  such  payment  and  shall  cancel  the  obliga- 
tion given  by  the  County  Council  and  file  the  same  for  future 
reference  in  the  archives  of  his  office. 

423.  Transfer  from  one  county  to  another.    10.    When- 
ever more  than  five  thousand  (5,000)  dollars  of  either  of  said 
funds  remains  nnloaned  in  any  county  for  a  period  of  six  (6) 
months,  it  shall  be  the  duty  of  the  County  Auditor  to  notify 
the  Auditor  of  State  of  such  fact,  with  the  name  of  the  fund  to 
which  such  unloaned  sum  belongs,  and  the  amount  so  unloaned. 
The  Auditor  of  any  county  having  applications  for  loans  beyond 
the  amount  of  the  funds  now  apportioned  to  said  county  shall 
notify  the  Auditor  of  State  of  such  fact,  and  the  Auditor  of 
State  may  transfer  the  unloaned  funds  from  any  county  to  any 
other  county,  crediting   the  county  from  which  the  same  is 
transferred  with  the  amount  so  transferred,  and  charging  the 
county  to  which  the  same  is  transferred  with  such  amount,  and 
thereafter  the  county  to  which  such  sum  is  transferred  shall 
account  for  the  interest  thereon. 

1.     NOTE.     Section  11  repeals  all  laws  in  conflict  with  the  ten  preceding  sec- 
tions. 

[1881 ,  p.  99.    Approved  and  in  force  April  14, 1881.] 

424.  Certificate  as  to  liens.     1.    An  applicant  for  a  loan 
of  a  part  of  the  Common  School  Fund  or  of  the  Congressional 
Township  School  Fund  shall  file  with  the  Auditor  of  the  county 


300  SCHOOL    LAW    OF    INDIANA. 

the  certificate  of  the  Clerk  and  Recorder  of  the  county  that  there 
is  no  incumbrance  on  the  land  offered  as  a  security  for  the  loan 
in  either  of  said  offices  :  Provided,  That  where  the  records,  books 
and  papers  of  the  Clerk's  office  have  been  destroyed  by  fire,  the 
Clerk's  certificate  shall  only  state  the  fact  and  date  of  such  de- 
struction, and  that  there  is  no  incumbrance  on  said  land  appear- 
ing from  any  of  the  records,  books  and  papers  then  on  file  in 
his  office,  and  that  there  is  no  incumbrance  on  said  land  in  his 
office  of  which  he  has  any  knowledge.  The  applicant  shall  also, 
in  such  case,  execute  to  the  State  of  Indiana,  for  the  benefit  of 
the  common  school  fund,  a  bond  with  one  or  more  freehold 
sureties  to  the  approval  of  the  Auditor,  conditioned  for  the  pay- 
ment of  so  much  of  the  loan  as  may  be  lost  by  reason  of  any 
incumbrance  or  lien  upon  the  land  which  was  evidenced  by  the 
records,  books  or  paper  in  the  Clerk's  office  which  have  been  de- 
stroyed. (R.  S.  1881,  §  4375 ;  R.  S.  1894,  §  5802 ;  R.  S.  1897,  §  6065.) 

1.  EVIDENCE.     For  the  purpose  of  showing  that  the  law  was  complied  with  in 
making  a  loan,  the  certificate  of  the  Clerk  and  Recorder  and  the  affidavit  of  the 
mortgagor  are  competent  evidence  to  show  a  compliance  with  this  statute. — Stock- 
v/ell  v.  State,  101  Ind.  1. 

2.  PRIOR  LIEN.     At  the  time  the  loan  was  made  there  was  a  prior  incum- 
brance on  the  lands  mortgaged,  of  which  fact  the  Auditor  had  notice  by  the  bor- 
rower's affidavit  of  title,  but  it  was  held  that  the  mortgage  was  valid  as  against 
the  borrower. — Deming  v.  State,  23  Ind.  416. 

3.  NEGLIGENCE  OF  AUDITOB — IRREGULARITY  OF  LOAN.    A  complaint  to  enjoin 
a  sale  of  land  by  a  County  Auditor  to  satisfy  a  School  Fund  mortgage,  which 
shows  that  the  plaintiff,  after  the  mortgage  was  executed,  purchased  the  land 
under  the  foreclosure  of  a  secret  vendor's  lien  antedating  the  mortgage,  and  alleges 
that  the  plaintiff,  at  the  time  the  mortgage  was  executed,  held  a  judgment  against 
the  mortgagor,  but  makes  no  claim  of  title  under  that  judgment,  and  alleges  fur- 
ther that  the  Auditor  in  taking  the  mortgage  failed  to  require  an  oath  of  the  mort- 
gagor and  a  certificate  of  the  Clerk  and  Recorder  that  the  land  was  unincumbered, 
and  also  failed  to  have  the  property  appraised,  as  provided  by  law,  is  not  sufficient 
to  entitle  the  plaintiff  to  an  injunction  or  to  avoid  the  mortgage. — Winstandley  v. 
Crim,  117  Ind.  328. 

[1865,  p.  3.    Approved  and  in  force  March  6,  1865.] 

425.  Oath  of  applicant.  81.  Such  applicant  shall  make 
oath  that  there  is  no  incumbrance  or  better  claim,  that  he 
knows  of,  and  that  the  abstract  of  the  title  presented  by  him  is, 
as  he  believes,  a  true  one.  (li,  S.  1881,  §4376 ;  R.  S.  1894,  §5803 ; 
R,S.  1897,  §6066.) 

1 .  No  AFFIDAVIT.  A  failure  to  make  the  affidavit*  does  not  render  the  loan 
void.— Winstandley  v.  Crim,  117  Ind.  328. 


SCHOOL    LAW   OF    INDIANA.  301 

2.  MARRIED  WOMAN.  Where  a  married  woman,  in  executing  the  usual 
preliminary  papers,  states  that  she  is  the  owner  of  the  land  and  is  also  the 
borrower,  she  can  not  thereafter  assert  that  her  husband  was  borrowing  the  money 
and  she  was  only  his  surety. — State  v.  Frazier,  134  Ind.  648;  Lloyd  v.  State,  134 
Ind.  506;  Davee  v.  State,  7  Ind.  App.  71;  Snodgrass  v.  Morris,  123,  Ind.  425; 
Trimble  v.  State,  145  Ind.  154.  But  if  her  husband  is  the  borrower,  and  she  makes 
no  declaration  in  the  preliminary  papers  that  she  is  the  borrower,  her  mortgage 
on  her  land  for  the  amount  borrowed  is  invalid. — Welch  v.  Fisk,  139  Ind.  637. 

426.  Time  of  Loan.     82.     No  loan  shall  be  made  for  a 
longer  term  than  five  years.     (R,  S.  1881,  §4377;   R.  S.  1894, 

§5804;  R.  S.  1897,  §6067.) 

[1885,  p.  195.    Approved  April  11, 1885,  and  in  force  July  18, 1885.] 

427.  Limit  of  loan.     3.     The  sum  loaned  shall  not  exceed 
one-half  of  the  appraised  value  of  the  premises  proposed  to  be 
mortgaged,  clear  of  all  perishable   improvements :     Provided, 
That  where  such  premises  are  situated  in  a  county  other  than 
that  which  such  fund  may  belong,  the  sum  loaned  thereon  shall 
not  exceed  one-fourth  of  the  appraised  value  of  such  premises, 
exclusive  of  perishable  improvements.     Such  value  to  be  deter- 
mined l>y  existing  laws  of  the  State  of  Indiana.     It  is  hereby 
made  the  duty  of  the  Board  of  Commissioners  of  each  county 
in  this  State,  at  their  first  regular  session  after  the  taking  effect 
of  this  act,  to  appoint  in  each  Commissioner's  district  of  the 
county  three  reputable  freeholders,  any  two  of  whom,  without 
the  concurrence  of  the  third,  may  act  as  school  fund  appraisers, 
whose  duty  it  shall  be  upon  oath  to  make  all  the  appraisements 
of  lands  in  their  respective  districts,  required  in  this  act  or  in 
the  act  of  which  this  is  amendatory.     Said  appraisers,  or  any 
of  them,  may  be  removed  and  new  ones  appointed  by  said 
Board  at  any  regular  or  special  session,  and  in  case  any  of  such 
appraisers  is  at  any  time  disqualified,  by  reason  of  kinship  or 
interest,  from  acting,  the  appraisement  shall  be  made  by  the 
other  appraisers,  who,  in  case  of  a  disagreement,  shall  select  a 
third  appraiser.     Said  appraiser  shall  receive  the  same  compen- 
sation for  making  each  appraisement,  and  be  paid  in  the  same 
manner  as  such  appraisers  are  now  paid.     (R.  S.  1894,  §  5805 ; 
R.  S.  1897,  §  6068.) 

1.     See  section  415,  page  297,  in  regard  to  limit  of  loan.     The  act  of  1901 
prevails. 


302  SCHOOL   LAW    OP    INDIANA. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

428.  Acknowledgments   and   oaths.     84.    The  Auditor 
shall  have  the  power  to  administer  all  oaths  and  take  all  ac- 
knowledgments required  by  this  act.     (R.  S.  1881,  §  4379 ;  R.  S. 
1894,  §  5806;  R.  S.  1897,  §  6069.) 

429.  Record    of   mortgages  —  Priority.     85.    Mortgages 
taken  for  such  loans  shall  be  considered  of  record  from  the 
date  thereof,  and  shall  have  priority  of  all  mortgages  or  con- 
veyances not  previously  recorded,  and  all  other  liens  not  pre- 
viously incurred,  in  the  county  where  the  land  lies.     (R.  S.  1881, 
§  4380 ;  R.  S.  1894,  §  5807 ;  R.  S.  1897,  §  6070.) 

1.  LIEN  WITHOUT  RECORD.     A  school  fund  mortgage  is  a  lien  upon  the  land 
as  to  subsequent  purchasers  without  being  recorded. — West  v.  Wright,  98  Ind.  335 ; 
Deming  v.  State,  23  Ind.  416. 

2.  Parties  holding  or  claiming  through  the  mortgagor  in  a  school  fund  mort- 
gage are  bound  to  take  notice  of  the  mortgage,  though  not  recorded.     A  school 
fund  mortgage  is  not  void  as  to  the  State  because  the  County  Auditor  has  made 
the  loan  to  himself.     Such  mortgage  draws  the  same  interest  after  foreclosure  as 
before  maturity. — Stockwell  v.  State,  101  Ind.  1 . 

3.  TAX  TITLE  SUBJECT  TO  MORTGAGE.     The  purchaser  and  grantee  of  real 
estate,  under  the  tax  deed,  takes  his  title  to  such  real  estate  under  the  provisions 
of  R.  S.  1894,  28623;  R.  S.  1897,  §9158,  and  subject  to  all  the  claims  which  the 
State  may  have  thereon  for  taxes,  or  other  liens  or  incumbrances,  such  as  a  mort- 
gage executed  thereon  to  the  State,  as  a  security  for  the  payment  of  a  loan  to  the 
school  fund,  prior  to  such  tax  sale  and  the  execution  of  such  tax  deed.     This  is 
so,  although  the  taxes  for  which  the  real  estate  was  sold,  had  been  assessed  and 
delinquent  before  the  execution  of  such  school  fund  mortgage. — State  v.  Wasson, 
95  Ind.  175.     So  a  sale  of  lands  for  taxes  which  accrued  after  the  execution  of  a 
school  fund  mortgage  is  subject  to  the  mortgage  lien. — Stockwell  v.  State,  101 
Ind.  1.     Where  a  mortgage  to  secure  a  school  fund  loan  is  assumed  by  the  pur- 
chasers of  the  real  estate,  the  mortgagors  to  whom  the  loan  was  made  do  not,  by 
a  subsequent  purchase  of  the  real  estate  sold  by  the  Auditor  to  satisfy  the  mort- 
gage take  the  property  divested  of  liens  for  taxes  assessed  by  the  city  in  which  the 
property  is  situated. — City  of  Logansport  v.  McConnell,  121  Ind.  416. 

4.  NOTICE  OF  MORTGAGE  —PURCHASER  AT  TAX  SALE.     Land  on  which  the 
owner  has  placed  a  school  fund  mortgage  is  as  much  liable  to  taxation  as  any 
other  land  ;  and  a  person  buying  it  at  tax  sale  within  the  year  for  redemption  from 
a  sale  on  foreclosure  of  mortgage  can  not  recover  the  amount  paid  for  taxes.     At 
most  the  mortgage  is  only  a  first  lien  to  city  taxes.     The  purchaser  is  bound  to  take 
notice  of  the  school  mortgage  and  decree  of  foreclosure.     He  must  be  held  to  pur- 
chase with  full  knowledge  of  mortgage,  the  foreclosure,  and  to  have  purchased 
subject  to  the  lien. — McWhinney  v.  City  of  Logansport,  132  Ind.  9. 

430.  Auditor's  duty.     86.     The  Auditor  shall  cause  such 
mortgages  to  be  recorded  immediately,  retaining  the  cost  of 


SCHOOL    LAW    OF    INDIANA.  303 

recording  out  of  the  money  borrowed.     (R.  S.  1881,  §,4381,:  R. 
S.  1894,  §  5808;  R.  S.  1897,  §  6071.) 

1.  ACKNOWLEDGMENTS.     If   the  mortgage   be  recorded,  not  being  acknowl- 
edged or  proved  as  our  general  laws  require  to  admit  mortgages  to  record  in  the 
Recorder's  office,  such  record  is  no  notice  to  subsequent  bonafide  purchasers.     But 
the  act  of  1843  (now  $  308)  requires  that  such  mortgages  shall  be  deemed  recorded 
from  their  date;  and  this  is  notice. — Deming  v.  State,  23  Ind.  416;  Mann  v.  State, 
116  Ind.  383. 

2.  LIEN  WITHOUT  RECORD.     A  school  fund  mortgage  is  a  lien  upon  the  land 
as  to  subsequent  purchasers,  without  being  recorded. — West  v.  Wright,  98  Ind.  335. 

3.  CANCELLATION  OF  MORTGAGE.     An  action  to  cancel  a  school  fund  mort- 
gage will  not  lie  against  a  County  Auditor;  the  State  is  the  party  in  interest. — 
Crooks  v.  Kennett,  111  Ind.  347;  Snodgrass  v.  Morris,  123  Ind.  425. 

431.  Fees.  108.  The  following  fees  only  shall  be  charged 
in  cases  of  mortgage  for  loans :  To  each  appraiser,  fifty  cents ; 
for  recording  mortgage,  one  dollar;  for  drawing  mortgage,  one 
dollar;  for  making  borrower's  affidavit,  ten  cents ;  for  Clerk's 
certificate,  fifty  cents ;  for  Recorder's  certificate  and  examining 
title,  each  one  dollar;  which  shall  be  paid  by  the  borrower. 
(R.  S.  1881,  §  4382;  R.  S.  1894,  §  5810;  R.  S.  1897,  §  6072.) 

432.  Interest  unpaid— Auditor's  duty.    87.    On  failure  to 
pay  any  installment  of  interest  when  the  same  becomes  due,  the 
principal  sum  shall  forthwith  become  due  and  payable,  and  the 
Auditor  may  proceed  to  collect  the  same  by  suit  on  the  note, 
or  by  sale  of  the  mortgaged  premises.     He  may  also,  by  suit, 
recover  the  possession  of  the  mortgaged  premises  before  sale 
thereof;  and  he  shall,  on  the  fourth  Monday  in  March,  annually, 
offer  for  sale  all  mortgaged  land  on  which  payments  of  interest 
are  due  on  the  first  day  of  January  and  unpaid  on  the  day  of 
sale.     (R.  S.  1881,  §  4383 ;  R.  S.  1894,  §  5811 ;  R,  S.  1897,  §  6073.) 

[1885,  p.  195.    Approved  April  11, 1885,  and  in  force  July  18, 1885  J 

433.  Collection  on  default.     4.    It  shall  be  the  duty  of  the 
Auditor  of  each  county,  in  case  default  shall  be  or  has  been 
made  in  the  payment  of  principal  or  interest  of  any  school  fund 
loan,  to  at  once  proceed  to  enforce  the  collection  of  such  prin- 
cipal or  interest,  as  the  case  may  be ;  and  any  Auditor  who  shall 
fail  or  refuse  to  comply  with  the  requirements  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 


304  SCHOOL    LAW   OF   INDIANA. 

shall  be  fined  in  any  sum  not  exceeding  one  thousand  dollars. 
(R.  S.  1894,  §  5812;  R.  S.  1897,  §  6074.) 

1.  STATUTE  MANDATORY.     In  selling  lands,  the  Auditor  must  strictly  fol- 
low the  requirements  of  the  statutes  upon  the  subject.     Where  sale  is  made  to 
make  a  greater  sum  than  is  due,  the  sale  is  void ;  and  where  the  borrower  has 
made  a  payment  of  interest,  and  failed  to  file  the  Treasurer's  receipt  with  the 
Auditor,  it  will  not  excuse  the  Auditor  for  selling  to  make  a.  sum  greater  than  is 
really  due. — Key  v.  Ostrander,  29  Ind.  1 ;  Arnold  v.  Gaff,  58  Ind.  543.     The  law  in 
force  at  the  time  of  sale,  providing  the  method,  notice  and  other  elements  of 
remedy,  governs  the  sale. — Webb  v.  Moore,  25  Ind.  4;  Jones  v.  Hopkins,  26  Ind. 
450;  Moore  v.  Seaton,  31  Ind.  11. 

2.  TAX  AND  OTHER  STATE  LIENS.     The  purchaser  at  a  tax  sale  takes  the  land 
subject  to  a  school  mortgage  or  any  other  lien  held  by  the  State.    This  is  so,  although 
the  taxes  for  which  the  real  estate  was  sold,  had  been  assessed  and  delinquent  be- 
fore the  execution  of  such  school  fund  mortgage. — State  v.  Wasson,  95  Ind.  175. 
So  a  sale  of  lands  for  taxes  which  accrued  after  the  execution  of  a  school  fund 
mortgage  is  subject  to  the  mortgage  lien. — Stockwell  v.  State,  101  Ind.  1.     Where 
a  mortgage  to  secure  a  school  fund  loan  is  assumed  by  the  purchasers  of  the  real 
estate  the  mortgagors  to  whom  the  loan  was  made  do  not,  by  a  subsequent  pur- 
chase of  the  real  estate  sold  by  the  Auditor  to  satisfy  the  mortgage  take  the  prop- 
erty divested  of  liens  for  taxes  assessed  by  the  city  in  which  the  property  is  situ- 
ated.— City  of  Logansport  v.  McConnell,  121  Ind.  416. 

3.  CAN  NOT  KELEASE  WITHOUT  PAYMENT.     The  Auditor  of  a  county  has  no 
authority  to  release  a  school  mortgage  unless  the  money  is  paid,  and  where  a 
party  is  entitled  by  his  contract  to  an  unincumbered  title,  he  is  not  compelled  to 
accept  a  conveyance  of  land  thus  encumbered,  though  the  Auditor  has  released 
the  mortgage  of  record. — Conley  v.  Dibber,  91  Ind.  413. 

4.  WHEN  AUDITOR  MAY   PROCEED.     The   Auditor  may  proceed,    immedi- 
ately upon  default  in  the  payment  of  the  principal  or  interest,  to  collect  the  en- 
tire mortgage  due,  and  he  has  no  discretion  in  offering  for  sale,  on  the  fourth 
Monday  in  March,  all  such  lands  in  default  on  the  first  day  of  January. 

5.  FORECLOSURE.     A  suit  by  the  County   Auditor  to   foreclose  a  mortgage 
may  be  maintained  instead  of  resorting  to   statutory  proceedings. — Deming  v. 
State,  23  Ind.  416;  Ferris  v.  Cravens,  65  Ind.  262;  Stockwell  v.  State,  101  Ind.  1; 
Kendall  v.  Green,  101  Ind.  532. 

434.  Fund  to  be  specified.  88.  The  mortgage  may  be,  in 
substance,  as  follows;  and  the  Auditor  shall  specify  therein 
whether  the  same  belongs  to  the  common  school  fund  or  to  the 
congressional  township  fund,  and,  if  the  latter,  the  particular 
township  or  townships  whose  funds  are  thus  loaned.  (R.  S. 
1881,  §4384;  R.  S.  1894,  §5813;  R.  S.  1897,  §  6075.) 

1.  OMISSIONS  TO  SPECIFY.  The  omission  to  state  the  particular  fund  does  not 
render  the  mortgage  void.— Benefiel  v.  Aughe,  93  Ind.  401,  407 ;  Ellis  v.  State,  ? 
Ind.  262. 


SCHOOL   LAW   OF   INDIANA.  305 

435.  Form  of  mortgage.  89.  I,  A.  B.,  of  the  county 
of  -  — ,  in  the  State  of  Indiana,  do  mortgage  to  the  State 
of  Indiana,  for  the  use  of  [here  describe  the  fund  out  of  which 
the  loan  was  made]  all  [here  describe  the  land],  for  the  pay- 
ment of dollars,  with  interest  at  the  rate  of  eight  per  cent. 

per  annum,  payable  annually  in  advance,  according  to  the 
conditions  of  the  note  hereto  annexed.  (R.  S.  1881,  §4385; 
R.  S.  1894,  §5814;  R.  S.  1897,  §6076.) 

1.  CONSTRUCTION.     For  cases  on  school  mortgages,  see  Burk  v.  Axt,  85  Ind. 
512;  Nolan  v.  State,  115  Ind.  529. 

2.  DESCRIPTION.     A  description  of  land  in  a  school  fund  mortgage  as  "the 
northeast  part"  of  a  specified  tract,   "containing  ninety  acres,"  is  insufficient, 
and  an  Auditor's  sale  made  thereunder  is  invalid. — Burk  v.  Axt,  85  Ind.  512. 
If  the  mortgage  does  not  contain  a  proper  description  of  the  land,  such  description 
inny  be  corrected  on  a  decree  to  foreclose  the  mortgage. — Noland  v.  State,  115 
Ind.  5:2!). 

3.  PRESUMPTION.     A  deed  or  mortgage  made  in  the  form  prescribed  by  the 
law  of  this  State,  and  purporting  to  have  been  acknowledged  in  this  State  between 
parties  residing  in  the  State,  and  containing  nothing  to  indicate  a  contrary  inten- 
tion, will  be  presumed  by  the  courts  to  be  of  land  in  this  State.     Where  both  the 
county  and  State  are  omitted  from  the  description  of  land  embraced  in  a  mortgage, 
but  it  appears  on  the  face  of  the  mortgage  that  it  was  executed  by  parties  residing 
in  a  certain  county  for  the  purpose  of  securing  a  loan  of  school  funds  borrowed  by 
the  mortgagor,  through  the  Auditor  of  that  county,  it  will  be  presumed,  without 
more,  that  the  land  is  there  situated. — Mann  v.  State,  116  Ind.  383.    Quare:  Would 
this  rule  of  presumption  prevail  now,  since  Auditors  may  lend  outside  of  their 
count  ii-<? 

4.  CANCELLING  MORTGAGE.     In  an  action  to  set  aside  and'  cancel  a  school 
fund  mortgage,  the  County  Auditor  is  not  a  proper  defendant,  and  a  judgment 
against  such  officer  in  such  actions  will  not  bind  the  State,  it  not  being  a  party, 
and  it  is  very  doubtful  if  the  State  can  even  be  thus  sued. — Crooks  v.  Kennett,  111 
Ind.  347 ;   see  Snodgrass  v.  Morris,  123  Ind.  425. 

5.  WIFE.     A  wife  may  borrow  money  and  mortgage  her  own  land  to  discharge 
valid  liens  thereon,  or  for  a  purpose  that  enures  to  its  benefit  or  protection. — 
Noland  v.  State,  115  Ind.  529. 

6.  LOAN  TO  MARRIED  WOMEN — ESTOPPEL.     If  a  married  woman,  to  obtain  a 
loan,  complies  with  all  the  statutory  requirements  in  relation  thereto  and  executes 
a  mortgage  upon  her  separate  real  estate,  she  is  estopped  from  questioning  the 
validity  of  the  mortgage;  and  the  fact  that  the  Auditor  may  have  had  knowledge 
that  he  was  obtaining  the  loan  as  security  for  another,  can  not  affect  the  validity 
of  the  mortgage  when  he  acted  within  the  letter  of  the  statute,  and  the  mortgage 
has  been  voluntarily  executed. — Davee  v.  Board,  7  Ind.  App.  71.     The  Auditor 
must  pay  her  the  money,  and  if  he  pay  another  he  will  be  personally  liable ;  but 
in  such  an  instance  the  mortgage  will  be  valid. — Lloyd  v.  State,  134  Ind.  506. 
But  if  she  gives  a  mortgage  for  a  loan  made  to  her  husband  or  any  other  person, 
the  mortgage  is  invalid. — State  v.  Frazier,  134  Ind.  648. 

20— SCH.  LAW. 


306  SCHOOL    LAW    OF    INDIANA. 

436.  Form  of  note.  90.  The  note  accompanying  the  same 
may  be  in  substance  as  follows,  to  wit:  I,  A.  B.,  promise  to 
pay  to  the  State  of  Indiana,  for  the  use  of  [here  recite  the  partic- 
ular fund],  on  or  before ,  the  sum  of dollars,  with 

interest  thereon  at  the  rate  of  eight  per  cent,  per  annum  in 

advance,  commencing  on  the— — • day  of —  ,18 — ;  and 

do  agree  that,  in  case  of  failure  to  pay  any  installment  of  inter- 
est when  the  same  shall  become  due,  the  principal  sum  shall 
become  due  and  payable,  together  with  all  arrears  of  interest ; 
and  on  failure  to  pay  such  principal  or  interest  Avhen  due,  two 
per  cent,  damages  shall  be  collected,  with  costs,  and  the  prem- 
ises mortgaged  may  be  sold  by  the  County  Auditor  for  the 
payment  of  such  principal  sum,  interest,  damages  and  costs. 
(R.  S.  1881,  §  4386;  R,  S.  1894,  §  5815;  R.  S.  1897,  §  6077.) 

1.  NOTE  NOT  SIGNED.     A  mortgage  executed  to  secure  a  note  attached  to  it 
is  binding,  though  the  note  is  not  signed;  and  there  is  no  error  in  allowing  the 
note  to  be  read  in  evidence,  it  being  a  part  of  the  mortgage.—  McFudden  v.  State, 
82  Ind.  558. 

2.  ILLEGAL  FEES.     As  to  attorney  fees  charged  for  collecting  a  note,  see 
Coleinan  v.  Goben,  16  Ind.  App.  346. 

437^  Warrant  to  borrower.  01.  On  making  a  loan  of 
any  fund,  the  Auditor  shall  draw  his  warrant  in  favor  of  the 
borrower  upon  the  County  Treasurer,  who  shall  charge  it  to 
the  proper  fund.  (R.  S.  1881,  §  4387 ;  R.  S.  1894,  §  5816 ;  R.  S. 
1897,  §  6078.) 

433.  Payments — Quietus.  92.  All  loans  refunded  and 
all  interest  shall  be  paid  to  the  County  Treasurer,  and  his 
receipt  shall  be  filed  with  the  County  Auditor,  who  shall  give 
the  payer  a  quietus  therefor,  and  make  proper  entries.  (R.  S. 
1881,  §4388;  R,  S.  1894,  §  5817 ;  R.  S.  1897,  §  6079.) 

1.  NOTE.     The  Auditor  is  bound  to  take  notice  of  a  payment  to  the  Treas- 
urer, whether  or  not  receipt  has  been  filed  with  him. — Key  v.  Ostrander,  29  Ind.  1. 

2.  PAYMENT  TO  TREASURER  AND   NOT  TO   AUDITOR.     Payment  should  be 
made  to  the  County  Treasurer  and  not  to  the  County  Auditor. — Cole  t.  Miller, 
60  Ind.  463. 

3.  CANCELLATION  OP  MORTGAGE.     A  purchaser  of  the  land  mortgaged  has 
a  right  to  rely  upon  the  cancellation  of  such  mortgage  by  the  Auditor;  and  need 
not  inquire  if  the  money  due  on  it  has  been  paid  to  the  County  Treasurer.— 
Slaughter  v.  State,  132  Ind.  465. 


SCHOOL    LAW    OF    INDIANA.  307 

439.  Indorsements  and  satisfaction.     93.    Whenever  the 
amount  due  on  any  mortgage  shall  be  paid,  and  the  Treasurer's 
receipt  therefor  filed,  the  Auditor  shall  indorse  on  the  note  and 
mortgage  that  the  same  has  been  duly  satisfied,  and  surrender 
the  same  to  the  person  entitled  thereto;  and,  on  production  of 
the  same  thus  endorsed,  the  Recorder  shall  enter  satisfaction 
upon  the  record.     (R.  S.  1881,  §  4389;  R.  S.  1894,  §  5818;  R.  S. 
1897,  §  6080.) 

1.  ENTRY  OF  SATISFACTION      The  County  Recorder  can  enter  satisfaction  of 
a  school  fund  mortgage  before  foreclosure  only  upon  indorsement  by  the  County 
Auditor  that  the  same  has  been  fully  paid.-^Stockwell  v.  State,  101  Ind.  1. 

2.  RELEASE  WITHOUT  PAYMENT.     A  release  of  a  mortgage  by  the  County 
Auditor  without  payment  is  invalid.— Conley  v.  Dibber,  91  Ind.  413;  see  Slaughter 
v.  State,  132  Ind.  465. 

3.  IMPROPERLY  SATISFIED      If   a  mortgage  be  improperly  satisfied  it  may 
still  be  enforced. — State  v.  Greene,  101  Ind.  532,  but  a  purchaser  in  good  faith 
will  be  protected;  Slaughter  w.  State,  132  Ind.  465. 

* 

440.  Suit  for  deficiency.    94.    In  all  cases  where  the  mort- 
gaged premises  shall  fail  to  sell  for  a  sum  sufficient  to  satisfy 
tin-  principal  and  interest  of  the  loan  made,  and  the  damages 
accrued  by  reason  of  such  failure,  and  costs,  the  County  Auditor 
shall  bring  suit  on  the  notes  executed  by  the  mortgagor;  and 
whenever  judgment  shall  be  rendered  thereon,  no  appraisement 
of  property  shall  be  allowed  on  execution  issued  on  such  judg- 
ment.    (R.  S.  1881,  §  4390;  E.  S.  1894,  §  5819;  R.  S.  1897, 
§  6081.) 

1.  THE  RELATOR.     The  County  Auditor  is  the  proper  relator  in  a  suit  to  re- 
cover school  funds  loaned.— Scotten  v.  State,  51   Ind.  52;  Lopp  v.  Woodward,  1 
Ind.  App.  105. 

2.  WHEN  SUIT  FOR  DEFICIENCY  MAY  BE  BROUGHT.    A  County  Auditor  who 
bids  in,  at  public  auction,  land  mortgaged  to  the  school  fund,  can  not  proceed  on 
the  note  executed  by  the  mortgagor  until  he  has  made  the  subsequent  sale  re- 
quired by  section  443,  and  fails  to  realize  enough  to  satisfy  the  amount  due. — 
Clark  v.  State,  109  Ind.  388. 

3.  JUDGMENT.     The  property  may  be  ordered  sold,  in  the  judgment,  without 
appraisement. — Stockwell  v.  State,  101  Ind.  1. 

441.  Notice  of  sales.    95.    Before  sale  of  mortgaged  prem- 
ises, the  Auditor  shall  advertise  the  same  in  some  newspaper 
printed  in  the  county  where  the  land  lies,  if  any  there  be  (other- 
wise, in  it  paper  in  the  State  nearest  thereto),  for  three  weeks 


308  SCHOOL    LAW    OF    INDIANA. 

successively,  and,  also,  by  notice  set  up  at  the  court  house  door 
and  at  three  public  places  in  the  township  where  the  land  lies. 
(R.  S.  1881,  §  4391;  R.  S.  1894,  §  5820;  E.  S.  1897,  §  6082.) 

1.  LENGTH  OF  NOTICE.     The  Legislature  may  change  the  requisite  length  of 
notice  even  after  the  mortgage  has  been  given. — Jones  v.  Hopkins,  26  Ind.  450. 

2.  No  COMPENSATION.     The  Auditor  is  not  entitled  to  compensation  for  post- 
ing notices  of  sale. — The  Board  v.  Leslie,  63  Ind.  492. 

3.  SALE  WITHOUT  NOTICE.     A  sale  without  notice  is  not  such  new  matter  as 
will  entitle  the  mortgagor  to  a  new  filing  of  the  amount  owed  by  him. — Peyton  v. 
Kruger,  77  Ind.  486.     A  failure  to  give  notice  will  render  the  sale  void. — Brown 
v.  Ogg,  85  Ind.  234. 

4.  SUFFICIENCY  OF  NOTICE.     A  notice,  under  this  section,  describing  the  in- 
debtedness as  due  the   "Common  and  Congressional  School  Fund"  is  sufficient. 
If  the  notice  contains  a  correct  description  of  the  land  by  metes  and  bounds  it  is 
sufficient,  although  it  erroneously  states  that  the  land  was  conveyed  by  a  certain 
deed.     All  tracts  may  be  included  in  one  notice,  if  they  be  exposed  for  sale  as 
separate  tracts.     The  courts  will  presume  the  land  lies  in  the  county  of  the  sale 
where  the  section,  township  and  range  are  given.— Richardson  v.  Hedges,  150 
Ind.  53. 

442.  Manner  of  sale — Surplus.  96.  At  such  sale  (which 
shall  he  held  at  the  court  house  door),  the  Auditor  shall  sell  so 
much  of  the  mortgaged  premises,  to  the  highest  hidder,  for  cash, 
as  will  pay  the  amount  due  for  principal,  interest,  damages  and 
costs.  When  less  than  the  whole  tract  mortgaged  shall  he  sold, 
the  quantity  sold  shall  he  taken  in  a  square  form,  as  nearly  as 
possible,  off  the  northwesterly  corner  of  said  tract ;  and  when 
less  than  the  whole  of  any  in-lot  or  out-lot  of  any  town  or  city 
shall  he  sold,  the  part  sold  shall  he  laid  out  and  taken  off,  so 
that  it  shall  extend  from  the  main  or  principal  street  or  alley 
on  which  the  said  lot  fronts,  to  the  rear  thereof,  to  divide  the 
same  by  a  line  as  nearly  parallel  with  the  boundaries  of  said  lot 
as  practicable,  and  if  less  than  the  whole  is  sold,  the  Auditor, 
in  his  notice  of  sale,  shall  indicate  off  of  which  side  or  end  of 
said  lot  the  part  to  be  sold  shall  be  taken ;  and  if  more  than 
one  tract  of  land  is  included  in  the  mortgaged  premises,  the 
Auditor  shall  elect  which  tract  or  tracts  shall  be  sold,  saving  to 
the  mortgagor,  if  practicable,  the  tract  on  which  his  house  is 
located.  If  a  tract  of  land  so  mortgaged,  and  liable  to  be  sold 
to  satisfy  the  mortgage,  can  not  be  divided  without  materially 
diminishing  the  value  of  such  tract ;  or  if  any  in-lot  or  out-lot 
be  indivisible  by  reason  of  extensive  buildings  or  other  im- 


SCHOOL    LAW    OF    INDIANA.  309 

provements  thereon,  the  Auditor  may  sell  the  whole  thereof, 
and,  after  paying  the  amount  due  for  principal,  interest,  dam- 
ages and  costs,  out  of  the  purchase-money,  shall  pay  the  bal- 
ance, if  any,  to  the  mortgagor;  and  if  the  Auditor  sell  any 
part  of  a  tract  of  land,  out-lot  or  in-lot  for  more  than  the 
amount  of  principal,  interest,  damages  and  costs,  the  excess,  if 
any,  shall  be  paid  to  the  mortgagor.  (R.  S.  1881,  §4392;  R.  S. 
1894,  §  5821 ;  R.  S.  1897,  §  6083.) 

1.  DIVISION  IMMATERIAL.     The  Auditor  can  sell  in  no  other  way  than  that 
provided  by  law. — Webb  v.  Moore,  25  Ind.  4.     But  in  a  suit  to  set  aside  a  sale 
made  by  the  Auditor,  where  the  mortgage  debt,  penalty  and  costs  aggregate  one 
hundred  and  fifty-two  dollars  and  twenty  cents,  though  the  land  was  worth  four 
thousand  dollars,  and  could  have  been  divided  without  materially  diminishing  its 
value,  it  was  held  to  be  immaterial  that  he  did  not,  at  the  sale,  offer  any  part  in 
the  form  of  a  square,  or  otherwise,  off  of  the  northwest  corner  thereof . — Arnold 
v.  Gaff,  58  Ind.  543. 

2.  STATUTE  MUST  BE  PURSUED.     The  County  Auditor,  in  making  a  sale  of 
land  in  satisfaction  of  a  School  Fund  Mortgage,  has  no  power  to  sell  in  any  other 
mode  than  that  prescribed  by  the  statute,  and  the  burden  is  upon  one  claiming 
title  under  such  a  sale  to  show  that  the  statutory  requirements  have  been  strictly 
pursued. — Haynes  v.  Cox,  118  Ind.  184. 

:».  PORTION  SOLD/  Where  the  Auditor,  in  selling  less  than  the  whole  tract 
mortgaged,  does  not  take  the  quantity  out  of  the  northwesterly  corner  of  the  tract, 
as  required  by  the  statute,  but,  on  the  contrary,  takes  it  from  another  and  entirely 
distinct  portion  thereof,  he  exceeds  his  power  and  the  sale  is  invalid. — Haynes  v. 
Cox,  118  Ind.  184. 

4.  STATUTE  MUST  BE  STRICTLY  PURSUED.     In  a  sale  of  real  estate  the  stat- 
ute must  be  strictly  pursued  or  the  sale  will  be  void. — Williamson  v.  Doe,  7 
Blaekf.  12;  Benefield  v.  Aughe,  93  Ind.  401;  Ferris  v.  Cravens,  65  Ind.  262. 

5.  SALE  FOR  MORE  THAN  DUE.    A  sale  for  a  sum  greater  than  is  due  at  the 
time  of  the  sale  is  void. — Betson  v.  State,  47  Ind.  54;  Key  v.  Ostrander,  29  Ind.  1 ; 
Vail  r.  McKernan,  21  Ind.  421;  Board  of  Com.  v.  State,  122  Ind.  333;  Brown  v. 
Ogg,  85  Ind.  234. 

6.  REDEMPTION.     The  purchaser  takes  an  absolute  title,  and  junior  incum- 
brances  have  no  right  to  redeem  from  the  sale. — Schnantz  v.  Schellhaus,  37  Ind.  85. 

7.  SALE  IN  PARCELS.     The  County  Auditor  need  not  offer  the  mortgaged 
premises  in  parcels,  where  they  are  described  in  the  mortgage  as  a  single  tract. — 
Shannon  v.  Hay,  106  Ind.  589. 

8.  APPRAISEMENT.    Upon  the  foreclosure  of  a  School  Fund  mortgage,  the  court 
may  order  the  land  sold  without  appraisement. — Stockwell  v.  State,  101  Ind.  1. 

9.  QUIETING  TITLE.     One  whose  land  has  been  sold  to  satisfy  a  School  Fund 
mortgage  executed  by  him  can  not  maintain  an  action  to  quiet  title  against  the 
purchaser,  although  the  sale  was  void,  without  first  paying  or  tendering  to  the 
latter  the  amount  paid  by  him. — Shannon  v.  Hay,  106  Ind.  589. 

10.  RATE  OF  INTEREST.     A  School  Fund  mortgage  draws  the  same  interest 
after  as  before  maturity. — Stockwell  v.  State,  101  Ind.  1.     By  act  of  1893  the  rate 
is  six  per  cent. 


310  SCHOOL   LAW    OF    INDIANA. 

11.  WHEN  AUDITOR  MUST  BID.     It  is  the  duty  of  the  Auditor  to  offer  the 
mortgaged  premises  in  the  manner  provided  by  the  statute;  and  if,  after  offering 
it  for  sale  in  that  manner,  no  one  bids  the  amount  due,  he  must  bid  the  property 
in  for  the  use  of  the  fund  secured  by  the  mortgage. — Haynes  v.  Cox,  118  Ind.  184. 

12.  SUBROGATION.     The  purchaser  of  land  sold  by  an  Auditor  under  a  School 
Fund  mortgage,  the  sale  having  been  set  aside  as  invalid,  may  be  subrogated  to 
the  rights  of  the  State  in  the  mortgage;  and  the  fact  that  there  was  a  mistaken 
description,  if  the  mistake  can  be  corrected,  does  not  affect  the  right  of  subroga- 
tion on  the  part  of  the  purchaser. — Willson  v.  Brown,  82  Ind.  471. 

13.  CONVEYANCE — DESCRIPTION  MADE  GOOD  BY  REFERENCE.     A  defective 
description  in  a  deed  or  mortgage  is  made  good  by  a  reference  to  another  deed 
which  contains  a  true  description. — Willson  v.  Brown,  82  Ind.  471. 

14.  MERGER  OF  MORTGAGE.     When  the  mortgage  has  been  foreclosed,  the 
mortgage  is  merged  in  the  foreclosure,  and  the  Auditor  can  not  sell  under  it. — 
Ferris  v.  Cravens,  65  Ind.  262. 

443.  Auditor's  bid.  97.  In  case  of  no  bid  for  the  amount 
due,  the  Auditor  shall  hid  in  the  same  on  account  of  the  fund, 
and,  as  soon  thereafter  as  may  he,  shall  sell  the  same — having 
first  caused  it  to  he  appraised  hy  three  disinterested  freeholders 
of  the  neighborhood — upon  the  following  terms,  viz. :  One-third 
cash  in  hand,  and  the  balance  in  four  equal  installments,  due  in 
one,  two,  three  and  four  years,  respectively,  from  the  day  of  sale, 
bearing  interest  at  six  per  cent,  per  annum,  payable  annually 
in  advance;  but  no  such  sale  shall  be  for  a  less  sum  than  the 
appraised  value  thereof.  (11,  S.  1881,  §  4393 ;  R.  S.  1894,  §  5822 ; 
R,  S.  1897,  §  6084.) 

1.  STATUTE  MANDATORY.     The  Auditor  has  no  power  to  sell  for  cash,  nor  on 
a  credit  of  less  than  five  years,  nor  without  first  having  the  land  appraised,  nor 
for  a  less  sum  than  the  appraised  value. — Ferris  v.  Cravens,  65  Ind.  262. 

2.  DUTY  OF  AUDITOR.     It  is  the  duty  of  the  Auditor  to  offer  the  mortgaged 
premises  in  the  manner  prescribed  by  the  statute;  and,  if,  after  offering  it  for  sale 
in  that  manner,  no  one  bids  the  amount  due,  he  must  bid  the  property  in  for  the 
use  of  the  fund  secured  by  the  mortgage. — Haynes  v.  Cox,  119  Ind.  184. 

3.  REIMBURSING  COUNTY.     Where  the  mortgagor  fails  to  pay  the  interest  for 
a  number  of  years,  and  during  those  years  the  county  pays  it  out  of  its  general 
fund,   and  afterwards  the  mortgage  is  foreclosed,  and  the  land  is  bid  in  by  the 
Auditor  on  account  of  the  school  fund,   and  subsequently  the  land  is  sold  and 
conveyed  to  a  third  party,   the  school  fund  is  only  entitled  to  the  principal  of 
said  loan  and  the  interest  thereon,  until  after  the  county  treasury  is  reimbursed 
because  of  the  interest  it  has  paid  to  said  fund  on  account  of  said  loan. — Board 
v.  State,  122  Ind.  333. 

4.  SURPLUS.     This  section  is  construed  with  section  333.     Whenever  the  land 
is  sold,  the  county  takes  out  the  amount  of  principal  of  the  mortgage  for  which  it 
was  bought  in,  the  amount  of  interest,  damages  and  costs,  and  the  surplus  goes  to 
the  original  mortgagor  or  his  grantee. — Board  v.  State,  122  Ind.  333. 

5.  SECTION  382.     Section  382  has  no  reference  to  a  sale  under  this  section. — 
Board  v.  State,  122  Ind.  333. 


SCHOOL    LAW    OF    INDIANA.  311 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

444.  Sale  of  lands  bid  in.     98.    Lands  heretofore  bought 
in  on  account  of  the  fund,  which  have  been  appraised,  shall  be 
sold  in  like  manner;  and  if,  upon  sale  of  any  such  land,  a  sum 
is  realized  which  is  more  than  sufficient  to  pay  the  principal, 
interest,  damages  and  costs,  the  overplus  shall  be  paid  to  the 
original  mortgagor,  his  heirs  or  assigns,  when  collected.     (R.  S. 
1881,  §4394;  R.  S.  1894,  §5823;  R.  S.  1897,  §6085.) 

1.  SUIT  ON  NOTE.     A  suit  can  not  be  brought  on  the  note  by  the  County 
Auditor,  where  he  has  bid  in  the  property  mortgaged  to  secure  such  note,  until 
he  has  made  the  subsequent  sale  required  by  this  section,  and  failed  to  realize 
enough  to  satisfy  the  amount  due. — Clark  v.  State,  109  Ind.  388. 

2.  TAXES.     The  lien  of  taxes  which  accrued  on  lands  mortgaged  to  the  school 
fund  subsequent  to  the  mortgage  is  merged  in  the  fee,  where  the  land  is  bid  in  by 
the  county,  and  taxes  can  not  accrue  on  the  land  subsequently,  until  a  purchase 
certificate  is  issued  on  a  sale  thereof.— See  Hamilton  v.  State,  1  Ind.  128;  Groom 
v.  State,  24  Ind.  255;  City  of  Logansport  v.  McConnell,  121  Ind.  416. 

3.  LEGALIZING  ACT.     For  act  legalizing  lands  sold    by   Auditor,   see  Acts 
1895,  p.  86. 

[1883,  p.  79,    Approved  and  in  force  March  3, 1883.] 

445.  Re-appraisement  of  forfeited  lands.    1.    All  lands 
which  have  become  forfeited  and  have  reverted,  or  may  here- 
after be  forfeited  and  revert  to  the  various  townships  in  the 
several  counties  of  this  State,  for  failure  to  pay  the  interest  or 
principal  of  the  amount  due  thereon  to  the  school  fund,  and 
which  have  remained,  or  hereafter  remain,  unsold  for  the  period 
of  three  years,  by  reason  of  the  amount  due  thereon  being  in 
excess  of  the  values  of  said  lands,  may  be  re-appraised  and  sold 
fora  sum  not  less  than  said  re-appraised  value  thereof;  such 
re-appraisement  and  sale  to  be  made  in  the  same  manner  and 
upon  the  same  terms  and  conditions  as  is  now  prescribed  by  law 
for  the  appraisement  and  sale  of  such  lands.    (R.  S.  1894,  §  5776 ; 
R,  S.  1897,  §  6038.) 

446.  Appropriation  by  Commissioners.    2.   Upon  the  sale 
of  such  lands,  as  provided  for  in  the  preceding  section  of  this 
act,  the  Board  of  County  Commissioners  of  the  several*  counties 
in  which  said  lands  are  situated  may  make  an  appropriation, 
from  the  general  county  funds,  a  sum  equal  to  the  difference 
between  the  amount  for  which  said  lands  shall'  have  been  for- 


312  SCHOOL    LAW    OF    INDIANA. 

felted  and  the  amount  for  which  such  lands  shall  have  last 
sold ;  said  sum  appropriated  to  he  placed  to  the  credit  of  the 
proper  fund,  and  loaned  as  other  school  funds  are  loaned.  (R. 

S.  1894,  §  5777;  R.  S.  1897,  §  6039.) 

t!865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

447,  Deed   by  Auditor.     99.     Upon   full   payment  being 
made  for  such  lands,  the  deed  therefor  shall  he  executed  by  the 
County  Auditor,  and  'shall  be  entered  in  the  record  of  the  Board 
of  County  Commissioners  before  delivery.     (R.  S.  1881,  §  4395  ; 
R.  S.  1894,  §  5824;  R.  S.  1897,  §  6087.) 

1.  KECORD  OF  DEED.     A  recording  of  the  deed  in  the  Commissioners'  record 
is  a  condition  precedent  to  its  delivery,  and  a  necessary  step  in  the  sale. — Arnold 
v.  Gaff,  58  Ind.  543. 

2.  THE  DEED  AS  EVIDENCE.     It  is  the  deed  alone  that  vests  the  title  in  the 
purchaser,  and  if  the  deed  does  not  state  that  the  proper  steps  have  been  taken  to 
perfect  a  sale,  it  is  no  evidence  that  those  steps  have  been  taken. — Williamson  v. 
Doe,  7.  Blackf.  12. 

3.  TENDER  OF  DEED.     A  suit  for  the  purchase  money  can  not  be  made  with- 
out tender  of  a  deed  for  the  property,  recorded  as  required  above,  not  absolute 
but  conditional  upon  payment  therefor. — Johnson  ?'.  State,  74  Ind.  588. 

4.  PAYMENT.     The  amount  bid  is  paid  to  the  Treasurer,   and  not  to  the 
Auditor.— Cole  v.  Miller,  60  Ind.  463. 

5.  TAXES.     The  title  of  the  purchaser  vests  in  the  purchaser  freed  from  all 
assessments  and  taxes  made  or  levied  between  the  date  of  the  mortgage  and  the 
date  of  the  deed. — Hamilton  v.  State,  1  Ind.  128;  Groom  v.  State,  24  Ind.  255. 

6.  SUBROGATION.     If  the  sale  prove  invalid,  and  is  set  aside,  the  purchaser 
may  be  subrogated  to  the  rights  of  the  State  in  the  mortgage. — Willson  v.  Brown, 
82  Ind.  471. 

448.  Statement  of  sales.     100.    At  tne  public  sale  at  the 
court  house  door  provided  for  in  this  act,  the  County  Treasurer 
shall  also  attend,  and  make  a  statement  of  such  sales,  which 
shall  be  signed  by  the  Auditor  and  Treasurer,  and  after  being 
recorded  in  the  Auditor's  office  shall  be  filed  in  the  Treasurer's 
office ;  and  such  record,  or  a  copy  thereof,  authenticated  by  the 
Auditor's  or  Treasurer's  certificate,  shall  be  received  as  evidence 
of  the  matters  contained  therein.     (R.  S.  1881,  §4396;  R.  S. 
1894,  §  5825;  R.  S.  1897,  §6088.) 

1.  STATEMENT  SIGNED.  This  statement  must  be  signed  by  both  Auditor  and 
Treasurer,  or  the  sale  will  be  void. — Arnold  v.  Gaff,  \>§  lud.  543;  Ben.efi.eLv, 
Aughe,  93  Ind.  401.  ' 


SCHOOL   LAW   OP   INDIANA.  313 

449.  Title  in  State  without  deed.     101.    When  any  land 
is  laid  [bid]  off  by  the  Auditor  at  such  sale,  no  deed  need  be 
made  therefor  to  the  State ;  but  the  statement  of  such  sale,  arid 
the  record  thereof,  shall  vest  the  title  in  the  State,  for  the  use 
of  the  proper  fund.     (II.  S.  1881,  §  4397  ;  R.  S.  1894,  §  5826 ;  E. 
S.  1897,  §  6089.) 

[1899,  p.  55.    Approved  February  17, 1899.    In  force  April  28, 1899.] 

450.  Conveyance  to  county.     1.     In  cases  where  lands 
have  been  mortgaged  to  the  Common  School  Funds  or  Con- 
gressional School  Fund,  and  there  is  a  default  in  the  payment 
of  the  interest,  or  the  interest  and  principal,  and  the  Auditor  is 
unable  to  sell  such  lands  for  a  sum  sufficient  to  pay  such' loan, 
as  provided  by  law,  and  the  county  shall  pay  the  same  to  said 
School  Fund,  the  Board  of  Commissioners  may  in  regular  or 
special  session,  if  it  is  for  the  best  interest  of  the  county  in  the 
re-imbursement  of  its  general  fund,  accept,  in  the  name  of  the 
county,  a  conveyance  of  said  land  from  the  owners  and  take 
possession  thereof. 

451.  Suit  to  foreclose.     2.    That  in  cases  where  lauds  mort- 
gaged to  the  Common  School  Fund  or  Congressional   School 
Fund  have  been  offered  for  sale  and  bought  by  the  Auditor  on 
account  of  the  fund,  and  has  been  re-offered  for  sale  and  no  bid 
received  sufficient  to  pay  the  principal,  interest,  damages  and 
costs  accrued  on  said  loan,  as  otherwise  provided  by  law,  and 
the  county  shall  pay  the  same  to  said  School  Fund,  the  lien 
which  the  State  has  by  reason  of  said  mortgage,  or  said  prior 
bid  by  the  Auditor  on  account  of  the  fund,  shall  inure  to  the 
benefit  of  said  county,  and  in  such  case  the  Auditor  may  pro- 
ceed to  collect  the  amount  due  the  county,  by  suit  foreclosing 
such    lien    and    recovering   a   personal   judgment   against   the 
makers  of  said  mortgage,  or  by  either  form  of  action,  for  the 
amount  due  the  county,  and  he  may  also  in  same  suit  recover 
the  possession  of  the  mortgaged  premises  and  quiet  title  thereto, 
and  all  liens  and  rights  against  the  land  may  be  adjusted  as  in 
other  equitable  actions ;  and  the  same  relief  may  also  be  given 
in  suits  to  foreclose  such  mortgages.     All  such  sales  shall  be 


314  SCHOOL   LAW   OP   INDIANA. 

ordered  without  relief  from  valuation  or  appraisement  laws, 
and  shall  he  absolute  and  the  purchaser  immediately  entitled  to 
a  conveyance. 

452.  Purchase  by  county.     3.    The  Board  of  Commission- 
ers, when  the  county  in  either  case  has  paid  the  principal  and 
interest  due  such  School  Fund  for  the  purpose  of  re-imbursing 
the  county,  if,  in  the  opinion  of  the  Board,  it  shall  he  to  the 
hest  interest  of  the  county,  may  cause  the  land,  which  has 
been  ordered  sold  in  such  decree  of  the  Court,  to  be  purchased 
at  such  judicial  sale  in  the  name  of  the  county  for  any  price,  or 
any  maximum  price  it  may  fix,  not  in  any  case  exceeding1  the 
full  amount  of  the  principal,  interest,  cost  and  accrued  costs 
due  on  such  decree  at  the  date  of  such  sale.    The  officer  making 
the  sale  shall  execute  a  deed  to  the  county  for  such  real  estate. 

453.  Lease  of  land  purchased.     4.     The  Board  of  Com- 
missioners may  lease  the  real  estate  acquired  under  this  act  for 
a  period  not  exceeding  one  year  at  a»time  upon  such  terms  as 
the  Board  may  fix  until  the  same  shall  be  sold,  that  said  lease 
shall  be  in  writing,  approved  by  said  Board  and  spread  upon 
its  record.     The  Auditor  shall   be  authorized   to  collect  such 
rents,  and  if  in  kind  sell  the  same  in  the  markets  and  pay  the 
proceeds  to  the  County  Treasurer  as  a  part  of  the  general  fund. 

454.  Sale   of  land  —  Appraisement.     5.    The  Board  of 
Commissioners,  at  any  regular  or  special  session,  shall  order 
such  real  estate  to  be  sold  by  the  Auditor  at  his  office  at  public 
or  private  sale,  such  order  shall  fix  the  terms  of  sale,  which  may 
be  in  cash,  or  by  installments  with  interest  and  such  security  as 
the  Board    may  require,  such  credits  may  extend   through  a 
period  not  longer  than  five  years.    Before  making  such  sale  the 
Auditor  shall  cause  the  land  to  be  appraised  by  three  free-hold- 
ers of  the  county  acquainted  with  the  land  and  who  shall  be 
sworn  to  honesly  and  impartially  appraise  the  land  at  its  fair 
cash  value,  which  oath  shall  be  endorsed  on  the  appraisement. 
The  Auditor  shall  advertise  such  sale,  giving  a  description  of 
the  real  estate  to  be  sold  and  the  terms  of  sale  as  ordered  by  the 
board,  for  at  least  thirty  days  in  some  newspaper  of  the  county 


SCHOOL    LAW    OF    INDIANA.  315 

and  by  posting  at  least  five  notices  in  the  township  where  the 
land  is  situated  and  one  at  the  court  house  of  the  county.  Such 
real  estate  shall  not  he  sold  for  less  than  the  appraised 
value.  The  hoard  may,  if  no  sale  is  made  within  a  reasonable 
time,  at  any  time  thereafter,  order  a  re-appraisement  or  change 
the  terms  of  such  sale  by  giving  further  notice  in  the  same 
manner  as  herein  before  provided.  Proof  of  notice  and  the  ap- 
praisement must  be  filed  with  the  Auditor.  When  such  sale 
shall  have  been  made  the  Auditor  shall  report  the  same  at  the 
next  regular  session  of  the  board.  Objections  may  be  filed 
within  three  days  from  the  first  day  of  the  term  at  which  such 
sale  is  reported  by  any  tax-payer  or  person  interested,  and  such 
objections  shall  bo  heard  and  determined  by  the  board.  A  re- 
sale may  be  ordered,  when  all  objections  have  been  determined, 
or  if  there  is  no  objection  to  such  sale  the  Board  of  Commis- 
sioners shall  approve  the  sale.  If  the  sale  is  by  installments  the 
purchaser  shall  be  entitled  to  a  certificate  of  such  purchase  and 
the  possession  of  the  land.  Such  certificate  may  be  assigned 
and  the  deferred  payments  may  be  made  with  the  interest  ac- 
crued thereon  before  maturity ;  upon  final  payment  of  the  pur- 
chase money  the  Board  of  Commissioners  shall  execute  a  deed 
to  said  purchaser  or  his  assignee  for  such  real  estate.  The 
money  derived  from  such  sale  shall  be  paid  to  the  County  Treas- 
urer as  a  part  of  the  general  fund. 

455.  Deeds.     6.     The  Auditor  shall  cause  the  deeds  exe- 
cuted to  the  county  under  the  provisions  of  this  act  to  be  re- 
corded in  the  Recorder's  office  of  the  county. 

456.  Sales  legalized.     7.     Any  sales  or  conveyances  made 
to  any  county  in  this  State  before  the  taking  effect  of  this  act 
are  hereby  legalized,  and  the  title  to  any  such  real  estate  is  de- 
clared to  be  fully  vested  in  such  county  by  such  conveyance. 

457.  Act   supplemental.     8.     This   act  shall  not  amend, 
modify  or  repeal  any  law  now  in  force  concerning  the  manage- 
ment, loan  and  sale  of  real  estate  on  account  of  any  school 
fund,  but  it  shall  be  an  additional  provision  for  the  collection 
of  such  funds,  and  the  re-imbursement  of  the  counties  intrusted 
therewith. 


316  SCHOOL    LAW    OF    INDIANA. 

[1901,  p.  544.    Approved  and  in  force  March  11, 1901.] 

458.  Cancellation  of  mortgages.    1.    Whereas,  there  are  a 
large  number  of  school  fund  mortgages,  which  appear  unsatis- 
fied of  record  in  the  Recorder's  office  in  the  various  counties  of 
the  State  of  Indiana,  which,  in  fact,  have  been  paid,  the  Audi- 
tor of  any  county  in  the  State  of  Indiana,  where  such  mort- 
gaged lands  are  situated,  when  requested  by  the  mortgagor  or 
owner  of  the  lands  so  mortgaged,  shall  make  an  examination 
of  the  ledgers  or  other  records  of  his  office,  and  compare  such 
records  with  the  receipts  of  moneys  for  school  fund  mortgages, 
in  the  Treasurer's  office  of  such  county,  and  if,  upon  such  ex- 
amination and  comparison,  and  all  facts  known  to  him,  or  that 
come  to  his  knowledge,  he  finds  that  such  mortgage  or  mort- 
gages  appearing  in  the  Recorder's   office  of  such   county  as 
unsatisfied  of  record,  have,  in  fact,  been  paid,  such  Auditor  of 
such  county,  where  such  mortgaged  lands  are  situated,  shall 
make  entry  of  satisfaction  upon  the  margin  of  the  record  in  the 
Recorder's  office,  showing  the  same  to  have  been  paid,  for  which 
services  the  mortgagor  or  owner  of  such  lands  shall  pay  to  the 
Auditor  a  fee  of  twenty-five  cents,  and  also  pay  to  the  Recorder 
his  fee  provided  for  releasing  mortgages. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

459.  Annual  report.     103.     County  Auditors  and  County 
Treasurers  shall  annually  report,  in  writing,  to  the  Boards  of 
County  Commissioners  of  the  respective  counties,  at  the  June 
sessions  of  said  Boards  relative  to  the  school  fund  held  in  trust 
by  said  counties,  distinguishing  in  said  reports,  between  the 
congressional  township  and  common,  school  funds ;  indicating 
the  amounts  thereof;  the  additions  to  them  within  the  current 
year  then  ending ;  the  sources  from  whence  such  additions  are 
derived ;  the  condition  of  them  as  to  their  safety,  giving  the 
amount  thereof  safely  invested,  unsafely  invested  and  unin- 
vested, and  loss  at  the  date  of  said  reports;  giving  also  the 
amount  of  interest  collected  upon  said  funds  within  the  year 
then  ending,  and  the  amount  then  due  and  unpaid.     (R.  S.  1881, 
§  4398 ;  R.  S.  1894,  §  5827 ;  R.  S.  1897,  §  6090.) 

1.  EVIDENCE.     A  provision  in  a  statute  that  this  report  shall  be  conclusive 
evidence  of  the  facts  stated  in  it,  is  void. — Board  v.  State,  120  Ind.  282. 

2.  KEPORT  NOT  CONCLUSIVE.     This  report  is  not  conclusive,  and  does  not 
prevent  the  county  showing  the  actual  facts.— Board  v.  State,  103  Ind.  497, 


SCHOOL    LAW   OF   INDIANA.  317 

460,  Duty  of  Boards.     104.     The  Boards  of  County  Com- 
missioners shall,  annually,  at  their  June  sessions,  in  the  presence 
of  the  Auditors  and  Treasurers,  examine  said  reports,  the  ac- 
counts, and  proceedings  of  said  officers  in  relation  to  said  funds, 
and  the  revenue  derived  from  them.     They  shall  compare  with 
said  reports,  the  cash,  the  notes,  mortgages,  records,  and  books 
of  said  officers,  .with  a  view  to  ascertain  the  amount  of  said 
funds  and  their  safety ;  and  to  do  whatever  may  be  necessary  to 
secure  their  preservation  and  the  prompt  payment  of  the  an- 
nual interest  thereon  as  the  same  becomes  due;  and  make  up 
to  said  funds  losses  which  have  accrued  or  may  accrue.     (R.  S. 
1881,  §4399;  R.  S.  1894,  §5828;  R,  S.  1897,  §6091.) 

1.  SUIT.  An  action  may  be  brought  in  the  name  of  the  State  on  relation  of 
the  Board  of  County  Commissioners  to  recover  Congressional  School  Funds. — 
Groves  v  State,  9  Ind.  200;  Butler  Rogers  v.  Gibson,  15  Ind.  218. 

461.  Board's  report.     105.    Each  Board  of  County  Com- 
missioners, at  said  session,  shall  make  out  a  report,  in  writing, 
of  the  result  of  such  examination,  showing — 

First.     The  amounts  of  said  funds  at  the  close  of  last  year. 

Second.  The  amount  added  from  Jhe  sale  of  land  within  the 
year. 

Third.  The  number  of  acres  of  unsold  congressional  town- 
ship school  lands,  and  the  approximate  value  thereof. 

Fourth.     The  amount  added  from  fines  and  forfeitures. 

Fifth.  The  amount  added  by  the  Commissioners  of  the  Sink- 
ing Fund. 

Sixth.     The  amount  added  from  all  other  sources. 

Seventh.     The  total  amount  of  the  funds. 

Eighth,     The  amount  refunded  within  the  year. 

Ninth.     The  amount  reloaned  within  the  year. 

Tenth.     The  amount  safely  invested. 

Eleventh.     The  amount  unsafely  invested. 

Twelfth.     The  amount  uninvested. 

Thirteenth.     The  amount  of  fund  lost  since  1842. 

Fourteenth.     The  amount  of  interest  collected  within  the  year. 

Fifteenth.     The  amount  of  interest  delinquent. 

And  in  such  report,  said  Board  shall  distinguish  between  the 
Congressional  Township  Fund  and  the  Common  School  Fund ; 


318  SCHOOL    LAW    OF    INDIANA. 

and  in  its  account  of  the  interest  or  revenue  derived  from  said 
funds,  it  shall  observe  the  same  distinction.  (II.  S.  1881,  §  4400 ; 
E,  S.  1894,  §  5829;  E,  S.  1897,  §  6092.) 

462.  Disposition  of  report,     106.     Such  report  shall  be 
entered  on  the  records  of  said  Board  ;  and  copies  thereof,  signed 
by  the  members  of  the  Board,  the  Auditor,  and  Treasurer,  shall 
be*transmitted  to  the  Auditor  of  State  and  the  Superintendent 
of  Public  Instruction.     (R.  S.  1881,  §4401;  R.  S.  1894,  §  5830; 
R.  S.  1897,  §  6093.) 

463.  Apportionment  of  loans.     152.    Where  the  whole  of 
the  school  funds  of  a  county  have  been  loaned  the  Auditor  shall 
apportion  to  each  congressional  township  a  sufficient  number  of 
mortgages  to  cover  the  principal  of  its  Congressional  Township 
Fund;  and  where  a  part  of  the  school  funds  only  are  loaned 
the  Auditor  shall  so  apply  a  proportional  amount;  and  the  cash 
on  hand,  when  loaned,  shall  be  for  the  benefit  of  the  congres- 
sional townships,  respectively,  to  the  amount  of  the  entire  prin- 
cipal  of  its  Congressional  Township  Fund;    and  in  all  loans 
made  after  the  taking  effect  of  this  act  the  note  and  mortgage 
shall  specify  the  particular  fund  borrowed.     (E.  S.  1881,  §  4402 ; 
R.  S.  1894,  §  5831 ;  R.  S.  1897,  §  6094.) 

[1879,  S.  p.  102.    Approved  and  in  force  March  29, 1879.] 

464.  Miscellaneous  School  Fund  account.    1.    It  shall 
be  the  duty  of  the  Auditor  in  each  county  to  open  an  account 
with  the  Congressional  Township  School  Fund,  to  be  styled  the 
"Miscellaneous  School  Fund  Account."     lie  shall  transfer  to 
said  account,  from  each  township  account,  all  sums  on  hand  at 
any  time  when  a  loan  is  solicited  (provided  the  aggregate  sums 
will  equal  the  amount  sought  to  be  borrowed),  and  may  lend 
suc^i  combined  sums  in  one  loan  ;  which  loan  shall  be  numbered 
in  consecutive  order,  and  the  securities  shall  each  and  all  be  in- 
dorsed with  the  number  as  "  Miscellaneous  Loan  No.  — ,"  as 
the  number  may  be;  and  he  shall  enter  in  the  Miscellaneous 
Account,  on  the  debit  side,  separately,  the  sums  taken  from  the 
account  of  the  several  townships,  so  as  to  show  the  correspond- 
ing number  of  the  loan,  and  credit  the  several  township  accounts 
with  the  same  sum  and  the  like  number  of  loan.    Thence  on,  as 


SCHOOL    LAW    OF    INDIANA.  319 

interest  accrues  and  is  paid  in  on  such  loan,  he  shall  debit  the 
several  township  accounts  with  the  pro  rata  portion  of  such  in- 
terest accruing  to  each;  and  when  such  loan  is  paid  he  shall 
distribute  back  to  the  township  accounts  the  several  sums  orig- 
inally transferred  from  each,  and  debit  the  Miscellaneous  Ac- 
count accordingly,  and  balance  and  close  said  account  as  to  said 
loan.  In  all  the  entries  throughout  he  shall  keep  each  entry 
identified  by  the  proper  number  belonging  to  that  loan,  and  so 
of  each  combined  miscellaneous  loan,  as  contemplated  in  this 
act.  (R.  S.  1881,  §  4403 ;  R.  S.  1894,  §  5832  ;  R.  S.  1897,  §  6095.) 

465.  Distribution  and  report.     2.    In  all  cases  where  dis- 
tribution is  made  of  the  school  funds  under  the  law  now  in  force 
it  shall  include  all  money  on  hand,  or  which,  according  to  law, 
should  be  on  hand,  not  exceeding  the  interest  on  loans  for  one 
year,  which  shall  be  distributed  in  full,  and  no  portion  shall  be 
omitted  or  retained;  and  the  report  made  by  the  Auditor  shall 
show  fully  the  amount  actually  on  hand,  as  required  and  con- 
templated by  law,  and  show  the  distribution  of  the  same  in  full. 
(R.  S.  1881,  §  4404;  R.  S.  1897,  §  5833;  R.  S.  1897,  §  6096.) 

466.  Penalty  against  Auditor.     3.    If  any  Auditor  fail 
or  refuse  to  distribute  and  report  such  fund  in  full,  as  required 
by  this  act,  he  shall  be  liable  to  an  action  on  his  official  bond. 
The  Superintendent  of  Public  Instruction  shall  direct  that  ac- 
tion be  brought  upon  the  official  bond  of  such  defaulting  Audi- 
tor, and  the  Prosecuting  Attorney  of  the  proper  county  shall 
bring  such  action.     On  finding  against  such  Auditor,  judgment 
shall  be  entered  for  the  sum  so  omitted  by  him  to  be  distributed, 
with  damages  of  twenty  per  centum  thereon,  which  shall  be 
for  the  use  and  benefit  of  the  fund  so  omitted  to  be  distributed. 
(R.  S.  1881,  ^  4405;  R.  8.  1894,  §  5834;  R.  S.  1897,  §  6097.) 


320 


SCHOOL   LAW   OF   INDIANA. 


CHAPTER  XXIII. 


STATE  NORMAL  SCHOOL. 


SEC. 

467.  Established. 

468.  Trustees— Corporate  name. 

469.  Term  of  office— Vacancies. 

470.  Organization— Officers. 

471.  Donations. 

472.  Location. 

473.  Contract  for  building. 

474.  Model  Scbool. 

475.  Duty  of  Trustees. 


SEC. 

476.  Conditions  of  admission. 

477.  Tuition  fee. 

478.  Principle  of  management. 

479.  Reports. 

480.  Board  of  Visitors. 

481.  Certificates- Diplomas. 

482.  Pay  of  Trustees. 

483.  Pay  of  Treasurer  and  Agent. 


[1865,  S.  p.  140.    Approved  and  in  force  December  20, 1865.] 

467.  Established.    1.    There  shall  be  established  and  main- 
tained, as  hereinafter  provided,  a  State  Normal  School,  the 
object  of  which  shall  be  the  preparation  of  teachers  for  teach- 
ing in  the  common  schools  of  Indiana.     (R.  S.  1881,  §  4542 ; 
R.  S.  1894,  §  6034;  R.  S.  1897,  §  6316.) 

468.  Trustees— Corporate  name.     2.    In  order  to  the  es- 
tablishment and  maintenance  of  such  a  school,  the  Governor 
shall  appoint,  subject  to  the  approval  of  the  Senate,  four  com- 
petent persons,  who  shall,  in  themselves  and  in  their  successors, 
constitute  a  perpetual  body  corporate,  with  power  to  sue  and 
be  sued,  and  to  hold  in  trust  all  funds  and  property  which  may 
be  provided  for  said  Normal  School,  and  who  shall  be  known 
and  designated  as  the  "Board  of  Trustees  of  the  Indiana  State 
Normal  School."      The  Superintendent  of  Public  Instruction 
shall  be,  ex  officio,  a  member  of  this  Board.    (R.  S.  1881,  §  4543 ; 
R.  S.  1894,  §  6035 ;  R.  S.  1897,  §  6317.) 

469.  Term  of  office — Vacancies.    3.    Two  members  of  this 
Board  shall  retire,  as  may  be  determined,  by  lot  or  otherwise, 
in  two  years  after  their  appointment,  and  the  remaining  two  in 
four  years ;  whereupon  the  Governor,  subject  to  the  approval 
of  the  Senate,  shall  appoint,  as  aforesaid,  their  successors  for  a 
period  of  four  years.     All  vacancies  occurring  in  said  Board 
from  death,  or  resignation,  shall  be  filled  by  appointments  made 


SCHOOL   LAW    OF   INDIANA.  321 

by  the  Governor.     (R.  S.  1881,  §4544;  R.  S.  1894,  §6036;  R.  S. 
1897,  §6318.) 

470.  Organization — Officers.     4.    Said  Board  of  Trustees 
shall  meet  on  the  second  Tuesday  in  January,  1866,  at  the 
office  of  the  Superintendent  of  Public  Instruction,  and  shall 
organize,  by  electing  one  of   its  number  president,  and  one 
secretary,  each  for  a  term  of  two  years;   and,  at  this  or  at  a 
subsequent  meeting,  it  shall  elect  some  suitable  person,  outside 
of  its  number,  as  treasurer,  who  shall,  before  entering  on  duty, 
give  bond  in  such  sum  as  it  may  prescribe.     (R.  S.  1881,  §4545 ; 
R.  S.  1894,  §6037;  R.  S.  1897,  §6319.) 

471.  Donations.     5.     Said  Board  shall,  at  its  first  meeting, 
open  books  to  receive,  from  different  parts  of  the  State,  pro- 
posals for  donations  of  grounds  and  buildings,  or  funds  for  the 
procuring  of  grounds  and  erecting  of  buildings,  for  said  Normal 
School.     Also,  it  may,  if  deemed  needful,  at  this  or  a  subsequent 
meeting,  appoint  one  of  its  number,  or  other  competent  person, 
to  visit  the  different  parts  of  the  State  and  explain  the  nature 
and  object  of  said  Normal   School,  and  to  receive  proposals 
of  donations  of  buildings  and  grounds,  or  of  funds  for  the  same. 
(R.  S.  1881,  §4546;  R.  S.  1894,  §6038;  R.  S.  1897,  §6320.) 

472.  Location.     6.     Said  Board  shall  locate  said  school  at 
such  place   as  shall  obligate  itself  for  the   largest   donation : 
Provided,  first)  That  said  donation  shall  not  be  less  in  cash  value 
than  fifty  thousand  dollars;  second,  that  such  place  shall  possess 
reasonable  facilities  for  the  success  of  said  school.     (R.  S.  1881, 
S4547;  R.  S.  1894,  §6039;  R.  S.  1897,  §6321.) 

1.  APPROPRIATION  FOR  BUILDINGS.  An  act  of  1867  (p.  177)  appropriated 
fifty  thousand  dollars  out  of  the  common  school  library  fund  and  State  treasury, 
in  aid  of  the  erection  of  the  buildings,  with  a  condition  precedent  that  no  part 
thereof  should  be  paid  until  the  city  of  Terre  Haute  has  vested  in  the  Board  of 
Trustees  of  the  Normal  School  the  title  to  the  land  donated  by  her  as  a  site  for 
the  seliool,  by  a  good  and  sufficient  deed  in  fee-simple,  and  had  also  bound  her- 
self, by  an  agreement  filed  with  the  Auditor  of  State,  to  forever  maintain  one-half 
of  the  necessary  repairs  incident  to  keeping  the  buildings  and  grounds  in  proper 
order. 

473.     Contract  for  building.     7.     Said  board  shall,  imme- 
diately after  the  selection  of  place  of  location,  proceed  to  let  a 
contract,  or  contracts,  for  the  erection  of  a  building,  to  the 
21— Sen.  LAW. 


322  SCHOOL    LAW    OP   INDIANA. 

lowest  responsible  bidder :  Provided,  That  no  member  of  the 
board  be  a  contractor  for  building,  or  for  furnishing  any  ma- 
terial therefor.  (R,  S.  1881,  §4548;  R.  S.  1894,  §6040;  R.  S. 
1897,  §  6322.) 

474.  Model  school.     8.     Said  board  shall  organize,  in  con- 
nection with  the  Normal  School,  in  the  same  building  with  the 
Normal  School,  or  in  a  separate  building,  as  it  shall  decide,  a 
Model  School,  wherein  such  pupils  of  the  Normal  School  as 
shall  be  of  sufficient  advancement  shall  be  trained  in  the  prac- 
tice of  organizing,  teaching  and  managing  schools.     (R.  S.  1881, 
§4549;  R.  S.  1894,  §6041;  R.  S.  1897,  §6523.) 

475.  Duty  of  Trustees.     9.     Said  Board  shall  prescribe  the 
course  of  study  for  the  Normal  School ;  shall  elect  the  instruct- 
ors and  fix  their  salaries ;    and  shall  determine  the  conditions, 
subject  to  limitations  hereinafter  specified,  on  which  pupils  shall 
be  admitted  to  the  privileges  of  the  school.     (R.  S.  1881,  §  4550 ; 
R.  S.  1894,  §6042;  R.  S.  1897,  §6324.) 

476.  Conditions  of  admission.     10.     The  following  condi- 
tions shall  be  requisite  to  admission  to  the  privileges  of  instruc- 
tion in  the  Normal  School : 

First.     Sixteen  years  of  age,  if  females,  and  eighteen,  if  males. 

Second.     Good  health. 

Third.     Satisfactory  evidence  of  undoubted  moral  character. 

Fourth.  A  written  pledge  on  the  part  of  the  applicant,  filed 
with  the  principal,  that  said  applicant  will,  so  far  as  may  be 
practicable,  teach  in  the  common  schools  of  Indiana  a  period 
equal  to  twice 'the  time  spent  as  a  pupil  in  the  Normal  School; 
together  with  such  other  conditions  as  the  Board  may,  from 
time  to  time,  impose.  (R.  S.  1881,  §4551;  R.  S.  1894,  §6043; 
R.  S.  1897,  §6325.) 

1.  STUDENTS  MUST  SUBMIT  TO  RULES.     A  student  is  required  to  submit  to  any 
proper  rule  necessary  for  the  good  government  of  the  institution. — State  v.  White, 
82  Ind.  278. 

2.  QUALIFICATIONS  FOR  ADMISSION.     The  faculty  can  not  make  membership 
of  a  Greek-letter  fraternity,  or  other  college  secret  society,  a  disqualification  for 
admission.  —State  v.  White,  82  Ind.  278. 

3.  RACE  OR  COLOR.     Students  can  not  be  excluded  on  account  of  race  or 
color. — Cory  v.  Carter,  48  Ind.  327. 


SCHOOL    LAW    OF    INDIANA.  323 

477.  Tuition  free.     11.     Tuition  in  the  Normal  School  shall 
be  free  to  all  residents  of  Indiana  who  fulfill  the  four  conditions 
set  forth  in  the  preceding  section  and  such  other  conditions  as 
the  Board  may  require.     (E.  S.  1881,  §4552 ;  E.  S.  1894,  §6044 ; 
E.S.  1897,  §6326.) 

478.  Principle  of  management.    12.    A  high  standard 
of  Christian  morality  shall  be  observed  in  the  management  of 
the  school,  and,  as  far  as  practicable,  inculcated  in  the  minds 
of  the  pupils ;   yet  no  religious  sectarian  tenets  shall  be  taught. 
(E.  S.  1881,  §4553;  E,  8.  1894,  §6045;  E.  S.  1897,  §6327.) 

479.  Report.     13.    Said  Board  of  Trustees  shall,  biennially, 
make  a  report  to  the  Legislature,  setting  forth  the  financial  and 
scholastic  condition  of  the  school ;  also  make  such  suggestions 
as,  in  their  judgment,  will  tend  to  the  improvement  of  the 
same ;  and  in  the  years  in  which  there  is  no  session  of  the  Leg- 
islature, it  shall  make  a  report  of  the  scholastic  condition  of 
the  school  to  the  Governor,  on  or  before  the  first  Monday  in 
January.     (E.  S.  1881,  §4554;  E.  S.  1894,  §6046;  E.  S.  1897, 
§  6328.) 

[1873,  p.  199.    Approved  and  in  force  March  5, 1873.] 

480.  Board  of  visitors.     14.     The  State  Board  of  Educa- 
tion shall  appoint,  annually,  in  the  month  of  June,  or  at  its  first 
meeting  thereafter,  a  committee  of  three,  who  shall  constitute  a 
Board  of  Visitors,  and  shall,  in  a  body  or  by  one  of  its  number, 
visit  said  school  once  during  each  term,  and  witness  the  exer- 
cises and  otherwise  inspect  the  condition  of  the  school :  and, 
by  the  close  of  the  Normal  school  year,  they  shall  make  a  re- 
port to  the  Board  of  Trustees.     The  members  of  said  Board  of 
Visitors  shall  be  allowed  five  dollars  for  each  day's  service  ren- 
dered, and  also  traveling  expenses,  to  be  paid  out  of  the  State 
treasury.     (E,  S.  1881,  §4555;  E.  S.  1894,  §6047;  E.  S.  1897, 
§  6329.) 

[1873,  p.  199.    Approved  and  in  force  March  5, 1873.] 

481.  Certificates— Diplomas.     2.    The  Board  of  Trustees 
is  authorized  to  grant,  from  time  to  time,  certificates  of  profi- 
ciency to  such  teachers  as  shall  have  completed  any  of  the  pre- 


324 


SCHOOL    LAW    OF    INDIANA. 


scribed  courses  of  study,  and  whose  moral  character  and  disci- 
plinary relations  to  the  school  shall  be  satisfactory.  At  the 
expiration  of  two  years  after  graduation,  satisfactory  evidence 
of  professional  ability  to  instruct  and  manage  a  school  having 
been  received,  they  shall  be  entitled  to  diplomas  appropriate  to 
such  professional  degrees  as  the  Trustees  shall  confer  upon 
them ;  which  diplomas  shall  be  considered  sufficient  evidence 
of  qualification  to  teach  in  'any  of  the  schcols  of  this  State. 
(R.  S.  1881,  §  4557;  R  S.  1894,  §  6049;  R.  S.  1897,  §  6331.) 

[1865,  p.  140.    Approved  and  in  force  December  20, 1865.] 

482.  Pay  of  Trustees.    16.    The  members  of  the  Board  of 
Trustees  shall  each  be  allowed  five  dollars  for  each  day's  service 
rendered,  also  traveling  expenses,  to  be  paid  out  of  the  State 
treasury.     (R.  S.  1881,  §  4559 ;  R.  S.  1894,  §  6051 ;  R.  S.  1899, 
§  6333.) 

483.  Pay  of  treasurer  and  agent.    17.    Said  board  shall 
pay  its  treasurer,  and  its  agent,  if  such  be  appointed,  as  pro- 
vided for  in  this  act,  such  sums  for  their  services  as  shall  be 
reasonable  and  just.     (R.  S.  1881,  §  4560;  R.  S.  1894,  §  6052; 
R.  S.  1897,  §  6334.) 


CHAPTER  XXIV. 


INDIANA  UNIVERSITY. 


SEC. 

484.  Recognized. 

485.  Tax  for  endowment  fund. 

486.  Application  of  fund. 

487.  Bond  of  State. 

488..    Loans  by  State  Auditor. 

489     Mortgages  taken  by  State  Auditor. 

490.  State  may  borrow  fund 

491.  Trustees  •--  Corporate  name  —  Officers  -- 

Powers . 

492.  The  first  Trustees. 

493.  The  first  meeting. 

494.  Vacancies. 

495.  Pay  of  Trustees. 

496     Trustees  of  Indiana  University. 

497.  Trustees'  terms  expiring  1891,.  succes- 

sors. 

498.  Trustees'  terms  expiring  1893,  succes- 

sors. 

499.  Registry  of  alumni. 


SKC. 

500.  Nomination  of  Trustees. 

501.  Annual  meeting  of  alumni. 
602.  Method  of  voting  by  alumni. 

503.  Annual  meeting. 

504.  Quorum— Temporary  appointments. 

505.  Seminary  township. 
506  Interest  on  loans. 

507.  Faculty— Powers. 

508.  No  religious  qualification. 

509.  No  sectarian  tenets. 

510.  County  students. 

511.  Notice  to  counties. 

512.  Treasurer's  bond. 

513.  Board  of  Visitors. 

514.  Visitors  not  attending,  to  be  reported. 

515.  Duties  of  Visitors. 

516.  Duties  of  secretary. 

517.  Duties  of  treasurer. 

518.  Report  to  State  Superintendent. 


SCHOOL    LAW    OF    INDIANA. 


325 


SKO. 

519.  Lectures  by  faculty. 

520.  Geological    examinations   and  speci- 


521. 
522. 
523. 
524. 
525. 
526. 
527. 
528. 
529. 
530. 
531. 
532. 
533. 
:.:il. 
535. 
536. 
537. 
538. 
580. 
MO. 
541. 
542. 
543. 
544. 
545. 
546. 
.-,47. 
548. 
549. 
550. 
551. 
552. 
553. 
554. 
555. 
556. 
557. 
558. 


Printing  annual  report. 

Contents  of  report. 

Notice  of  sessions. 

Buildings  and  repairs. 

Normal  department. 

Agricultural  department. 

Scholarships  transferable. 

Perpetual  scholarships. 

Library. 

State  Geologist. 

Fund,  how  derived— Loans. 

Auditor  of  State  to  loan — Duty. 

Form  of  mortgage. 

Form  of  note. 

Loans— Security. 

Interest. 

Priority  of  mortgage. 

Recording  of  mortgage. 

Certificate  as  to  liens. 

Abstract  of  title. 

Auditor's  duty. 

Payment. 

Satisfaction. 

Loans,  how  collected. 

Judgment. 

Notice  of  sale. 

Sale. 

When  Auditor  to  buy— Re-sale. 

Limit  of  bid — Overplus. 

Statement  of  sale. 

Title  in  State,  without  deed. 

Sale  for  cash — Certificate. 

Sale  on  credit. 

Fees  and  damages. 

Accounts— Reports. 

Accounts  with  borrowers. 

Interest,  when  loaned. 

Unsold  lands. 


SEC. 
559. 
560. 
561. 
562. 

5as. 

564. 
565. 
566. 
567. 
568. 
569. 
570. 
571. 
572. 
573. 
574. 
575. 
576. 
577. 
578. 
579. 
580. 
581. 
582. 
583. 
584. 
585. 
586. 
587. 
588. 
589. 
590. 
591. 
592. 
593. 
594. 
595. 
596. 
597. 
598. 
599. 


Certificates  of  payment— Patent. 


Commissioners'  report. 

Commissioners'  duty. 

Pay  of  Commissioners. 

Patents,  and  recording. 

Pay  for  managing  fund. 

Extension  of  payments. 

Forfeiture,  how  prevented. 

Forfeited  lands. 

Appraisement  of  lands. 

Where  filed  and  recorded. 

Duty  of  County  Auditors. 

Notice  of  sale. 

Sale. 

Terms  of  sale. 

Private  entry. 

Certificate  of  purchase. 

Certificate  to  be  registered. 

Certificate  assignable. 

Forfeiture. 

Surplus. 

Forfeiture,  how  prevented. 

Land,  how  redeemed. 

Security. 

Suit  for  waste. 

Patent  on  full  payment. 

Auditor's  report. 

Trccisurer's  report. 

To  pay  money  to  State  Treasurer. 

Pay  of  Auditor  and  Treaurer. 

Loans. 

Disposition  of  proceeds. 

Report  of  sales. 

One  Trustee  to  attend  sales. 

No  member  to  deal  in  the  lands. 

Trustees  to  get  information. 

State  Treasurer  collects  loans. 

County  Auditors  loan. 

Auditor  of  State  can  not  loan. 

Counties  pay  interest. 


[1  R.  S.  1852,  p.  504.    Approved  June  17, 1852,  and  in  force  May  6, 1853.] 

484.  Recognized.    1.    The  institution  established  by  an  act 
entitled  "An  act  to  establish  a  college  in  the  State  of  Indiana," 
approved  January  28,  1828,  is  hereby  recognized  as  the  Univer- 
sity of  the  State.     (R.  S.  1881,  §  4561 ;  R.  S.  1894,  §  6053;  R.  S. 
1897,  §  6335.) 

The  State  Uuniversity  is  not  a  public  corporation,  but  a  private,  or  at  least  a 
^non-public  one,  and  its  endowment  fund  is  not  embraced  by  the  phrase,  "public 
funds,"  as  used  in  the  interest  law  of  1879.— State  v.  Carr,  111  Ind.  335. 

[1883,  p.  291.    Approved  and  in  force  March  3, 1883.] 

485.  Tax  for  endowment  fund.    1.    There  shall  be  assessed 
and  collected,  as  State  revenues  are  assessed  and  collected,  in 


326  SCHOOL    LAW    OF    INDIANA. 

the  year  of  eighteen  hundred  and  eighty-three,  and  in  each  of 
the  next  succeeding  twelve  years,  the  sum  of  one-half  of  one 
cent  on  each  one  hundred  dollars'  worth  of  taxable  property  in 
this  State ;  which  money,  when  collected  and  paid  into  the  State 
Treasury  in  each  of  the  years  named  in  this  act,  shall  be  placed 
to  the  credit  of  a  fund  to  be  known  as  the  permanent  endow- 
ment fund  of  the  Indiana  University.  (R.  S.  1894,  §  6161 ;  II. 
S.  1897,  §  6449.) 

486.  Application  of  fund.     2.    Whenever,  after  the  first 
day  of  May,  eighteen  hundred  and  eighty-four,  there  shall  have 
been  paid  into  the  State  Treasury  a  sum  of  said  permanent  en- 
dowment fund  sufficient  to  pay  off  any  of  the  interest-bearing 
indebtedness  of  the  State,  it  shall  be  the  duty  of  the  Treasurer 
of  State  to  pay  off  and  cancel  such  indebtedness,  and  it  shall  be 
the  duty  of  said  Treasurer  of  State  to  continue  to  pay  off  and 
cancel  said  interest-bearing  indebtedness  which  may  be  due,  or 
which,  by  the  terms  of  the  contract  creating  such  indebtedness, 
may  be  paid  oft",  whenever  there  is  a  sufficient  sum  of  said  per- 
manent endowment  fund  in  the  State  Treasury  to  pay  oft'  the 
same  out  of  said  permanent  endowment  fund.     (R.   S.   1894, 
§  6162  ;  II.  S.  1897,  §  6450.) 

487.  Bond  of  State.     3.     It  shall  be  the  duty  of  the  Treas- 
urer of  State,  immediately  after  paying  off  any  of  the  interest- 
bearing  indebtedness  of  the  State,  as  provided  for  in  section  2 
of  this  act,  to  make  and  issue  to  the  trustees  of  said  university 
and  to  their  successors  in  office  a  non-negotiable  bond  of  the 
State  in  an  amount  equal  to  the  sum  drawn  from  said  perma- 
nent endowment  fund  and  used  in  such  payment.     Said  non- 
negotiable  bond  shall  be  signed  by  the  Governor  and  Treasurer 
of  State  and  attested  by  the  Secretary  of  State  and  the  seal  of 
the  State,  and  be  made  payable  in  fifty  years  after  date,  at  the 
option  of  the  State,  and  said  bond  shall  bear  five  per  cent,  in- 
terest from  date  until  paid,  which  interest  shall  be  paid  semi- 
annual ly  on  the  first  days  of  May  and  November  of  each  year, 
and  the  same  shall  be  applied  to  the  current  and  extraordinary 
expenses  of  said  university  and  be  paid  to  the  trustees  thereof, 
under  the  same  rules  and  regulations  as  is  now  required  by  law 
in  the  payment  of  the  revenues  of  said  university.     The  non- 


SCHOOL   LAW    OF   INDIANA.  327 

negotiable  bonds  provided  for  in  this  act,  when  executed,  shall 
remain  in  the  custody  of  the  Treasurer  of  State.  (R.  S.  1894, 
§6163;  R.  8.1897,6451.) 

488.  Loans  by  State  Auditor.  4.  That  so  much  of  said 
permanent  endowment  fund  as  shall  not  at  any  time  be  absorbed 
by  the  non-  negotiable  bonds  of  the  State,  as  contemplated  in 
this  act,  shall  be  loaned  by  the  Auditor  of  State  at  six  per  centum 
interest,  payable  annually  in  advance,  in  real  estate  security; 
and  in  making  loans  and  disbursing  interest  collected  the  Treas- 
urer  of  State  and  the  Auditor  of  State  shall  be  governed  by  the 
la\v  now  in  force  regulating  the  manner  of  making  loans  of  the 
university  funds  and  paying  out  interest  collected,  except  as 
otherwise  provided  in  this  act.  (R.  S.  1894,  §6164;  R.  S.  1897, 


489.  Mortgages  taken  by  State  Auditor.     5.    It  shall  be 
the  duty  of  the  Auditor  of  State  to  make  a  complete  record  of 
every  mortgage  and  note  executed  on  account  of  any  loan  from 
said  permanent  endowment  fund  in  a  book  to  be  kept  in  his 
office   tor  that  purpose;    and  on  payment  of  any  loan  to  said 
fund  said  Auditor  shall  enter  a  record  of  satisfaction  in  .full  on 
the  margin  of  the  record  of  the  mortgage  in  his  office  and  sign 
the  same  with  his  name  ;  and  he  shall  also,  in  like  manner,  enter 
satisfaction  in  full  on  the  face  of  the  mortgage  ;  which  mort- 
gage, when  presented  by  the  mortgagor,  or  any  person  holding 
title  under  him,  to  the  Recorder  of  the  county  wherein  the  land 
mortgaged  is   situated,  shall   authorize  the    Recorder  of  said 
county  to  copy  such  entry  on  the  record  in  his  office.     (R.  S. 
1894,  £  <ni;r>  ;  R.  S.  1897,  §  6453.) 

490.  State  may  borrow  fund.     6.    If  at  any  "time  here- 
after the  State  shall  need  the  loan  of  any  part,  or  of  all,  of  said 
permanent  endowment  fund,  the  State  shall  be  a  preferred  bor- 
rower of  so  much  of  said  fund  as  shall  not  be  loaned  at  the 
time.     But  it  shall  be  the   duty  of  the  Treasurer  of  State  to 
cause  to  be  executed,  as  an  evidence  of  any  such  loan,  a  non- 
negotiable  bond  of  the  State  for  the  amount  so  borrowed,  in 
like  manner  as  is  provided  in  section  3  of  this  act:     Provided, 
If  at  any  time  hereafter  the  said  Indiana  University  shall  be 


328  SCHOOL  LAW   OF   INDIANA. 

consolidated  with  any  other  educational  institution  or  institu- 
tions of  the  State,  or  shall  be  removed  from  its  present  location 
for  any  oause  whatever,  the  fund  raised  under  the  provisions  of 
this  act  shall  be  held  and  used  for  the  benefit  of  such  institu- 
tion, as  consolidated  or  changed,  notwithstanding  such  change 
or  consolidation  whenever  so  removed  or  consolidated :  Pro- 
vided, further,  That,  after  said  date,  no  further  appropriation 
shall  be  made  to  said  university.  (R.  S.  1894,  §  6166 ;  R.  S.  1897, 
§  6454.) 

[1855,  p.  201.    Approved  and  in  force  March  3, 1855.] 

491.  Trustees  — Corporate  name— Officers— Powers.    2. 

The  Board  of  Trustees  of  the  State  University  shall  be  eight  in 
number,  of  whom  not  more  than  one  shall  reside  in  the  same 
county,  excepting  the  county  of  Monroe,  from  which  two  may 
be  selected.  They,  and  their  successors,  shall  be  a  body  politic, 
with  the  style  of  "The  Trustees  of  Indiana  University;"  in 
that  name  to  sue  and  be  sued ;  to  elect  one  of  their  number 
president;  to  elect  a  treasurer,  secretary,  and  such  other  officers 
as  they  may  deem  necessary ;  to  prescribe  the  duties  and  fix  the 
compensation  of  such  officers ;  to  possess  all  the  real  and  per- 
sonal property  of  such  university  for  its  benefit;  to  take  and 
hold,  in  their  corporate  name,  any  real  or  personal  property  for 
the  benefit  of  such  institution ;  to  expend  the  income  of  the 
university  for  its  benefit;  to  declare  vacant  the  seat  of  any 
trustee  who  shall  absent  himself  for  two  successive  meetings  of 
the  Board,  or  be  guilty  of  any  gross  immorality,  or  breach  of 
the  by-laws  of  the  institution ;  to  elect  a  president,  such  pro- 
fessors and  other  officers,  for  such  university,  as  shall  be  neces- 
sary, and  prescribe  their  duties  and  salaries;  to  prescribe  the 
course  of  study  and  discipline,  and  price  of  tuition  in  such  uni- 
versity ;  and  to  make  all  by-laws  necessary  to  carry  into  effect 
the  powers  hereby  conferred.  (R.  S.  1881,  §4562;  R,  S.  1894, 
§6054;  R,  S.  1897,  §  6336.) 

492.  The  first  Trustees.     2.     The  following  persons,  and 
their  successors,  shall  constitute  said  Board :   Joseph  S.  Jencks, 
of  Yigo  County ;   Joel  B.  McFarland,  of  Tippecanoe  County ; 
George  Evans,  of  Henry  County ;   William  M.  French,  of  Clark 
County;    Ransom   W.   Aiken,   of   Monroe   County;   Johnson 


SCHOOL   LAW    OF   INDIANA.  329 

McCollougn,  of  Monroe  County ;  James  R.  M.  Bryant,  of  War- 
ren County ;  John  I.  Morrison,  of  Washington  County ;  three 
of  whom  shall  serve  for  two  years,  two  for  three  years,  and 
three  for  four  years.  (R.  S.  1881,  §4563;  R.  S.  1894,  §6055; 
R.  S.  1897,  §6337.) 

493.  The  first  meeting.     3.    The  first  meeting  of  said 
Board  shall  be  held  at  the  town  of  Bloomington  on  Monday, 
the  second  day  of  April,  1855,  when  they  shall  determine,  by 
lot,  their  several  terms  of  service.     (R.  S.  1881,  §4564;   R.  S. 
1894,  §6056;  R.  S.  1897,  §6388.) 

494.  Vacancies.     4.     Vacancies  in   said    Board,  whether 
occasioned  by  death,  resignation,  removal  from  the  State,  expi- 
ration of  terms  of  service,  or  otherwise,  shall  be  filled  by  the 
State  Board  of  Education.     (R.  S.  1881,  §4565;   R.  S.  1894, 
§6057;  R.  S.  1897,  §6339.) 

495.  Pay  of  Trustees.     5.     The  Trustees  of  said  University 
shall   receive,   when    employed   in   the   actual   service   of  the 
University,  the  same  pay  as  members  of  the  General  Assembly. 
(R.  S.  1881,  §4566;  R.  S.  1894,  §6065;  R.  S.  1897,  §6347.) 

[1891,  p.  65.    Approved  and  in  force  March  3, 1891.] 

496.  Trustees  of  Indiana  University.    1.    The  Trustees 
of  Indiana  University  shall  hereafter  be  elected  for  such  terms 
of  service,  and  in  such  manner,  as  is  herein  provided,  and  the 
terms  of  service  of  the  Trustees  now  in  office,  and  of  those 
hereafter  elected,  shall  expire  on  the  first  day  of  July  of  the 
year  in  which  such  terms  are  to  end.     (R,  S.  1894,  §6058;  R.  S. 
1897,  §6340.) 

497.  Trustees*  terms  expiring  1891,  successors.    2.    Suc- 
cessors to  three  Trustees  whose  terms  of  service  expire  in  the 
year  eighteen  hundred  and  ninety-one  (1891)  shall  be  elected 
by  the  Alumni  of  the  University  at  the  College  Commencement 
of  the  year  1891 ;  one  of  the  Trustees  so  selected  shall  serve  for 
one  year,  one  for  two  years,  and  one  for  three  years.     At  the 
first  meeting  of  the  Board  of  Trustees  after  July  1,  1891,  the 
several  terms  of  service  of  such  three  Trustees  shall  be  determ- 
ined  by  lot.     At  the  annual   commencement  of  the  year  in 
which  their  terms  expire,  successors  to  such  three  Trustees  shall 


330  SCHOOL    LAW    OF    INDIANA. 

be  elected  by  tbe  Alumni  of  the  University,  each  to  serve  for 
three  years.  When  vacancies  in  the  Board  of  Trustees  arise, 
from  the  death,  resignation,  removal  from  the  State,  expiration 
of  term  of  service,  or  otherwise,  of  any  of  the  three  Trustees  to 
be  elected  in  1891,  or  any  of  their  successors,  such  vacancies 
shall  be  filled  by  the  Alumni.  (R.  S.  1894,  §  6059 ;  R,  S.  1897, 
§6341.) 

498.  Trustees*  terms  expiring  1893,  successors.    3.    Suc- 
cessors to  the  two  trustees,  whose  terms  of  service  expire  in 
1893,  shall  be  elected  by  the  State  Board  of  Education,  and  one 
of  such  two   successors  shall  be  elected  for   a  term   of  two 
years,  and  the  other  for  a  term  of  three  years.     Successors  to 
the  three  trustees,  whose  terms  expire  in  1894,  shall  be  elected 
by  the  State  Board  of  Education,  one  for  a  term  of  two  years, 
and  the  other  two  trustees  for  terms  of  three  years.     Successors 
to  the  five  trustees  herein  provided  to  be  elected  by  the  State 
Board  of  Education  shall  be  elected  by  said  State  Board  of 
Education,  each  trustee  so  elected  to  serve   for  three   years : 
Provided,  That  trustees  elected  by  the  Alumni,  or  the  State 
Board  of  Education,  to  fill  vacancies  caused  otherwise  than  by 
expiration  of  terms  of  service,  shall  be  elected  for  such  unex- 
pired  terms  only.     When  vacancies  in  the  Board  of  Trustees 
arise  from  the  death,  resignation,  removal  from  the  State,  expira- 
tion of  term  of  service,  or  otherwise,  of  any  of  the  five  trustees, 
or  their  successors,  herein  provided  to  be  elected  by  the  State 
Board  of  Education,  such  vacancies  shall  be  filled  by  said  State 
Board  of  Education.     (R.  S.  1894,  §  6060;  R.  S.  1897,  §  6342.) 

499.  Registry   of  Alumni.     4.     A  registry  of  the  name 
and  address  of  each  alumnus  of  Indiana  University  residing  in 
the  State  of  Indiana  shall  be  kept  by  the  Librarian  of  said 
University,  who  shall  correct  such  addresses  when  notified  by 
the  Alumni  so  to  do.     The  Alumni  of  the  University  shall  be 
those  persons  who  have  been  awarded  and  on  whom  have  been 
conferred    any  of  the    following   degrees:     Bachelor   of   Arts 
(A.  B.),  Bachelor  of  Letters  (B.  L.),  Bachelor  of  Science  (B.  S.), 
Bachelor  of  Philosophy  (B.  Ph.),  Bachelor  of  Laws  (L.  L.  B.), 
Master  of  Arts  (A.  M.),  Master  of  Science  (M.  S.),  Doctor  of 
Philosophy  (Ph.  D.)     R.  S.  1894,  §  6061 ;  R.  S.  1897,  §  6343.) 


SCHOOL   LAW    OF    INDIANA. 

500.  Nomination    of   Trustees.      5.     Any  ten   or   more 

Alumni  may  file  with  the  Librarian  of  the  University  on  or 
before  the  first  day  of  April  in  each  year  a  written  nomination 
for  the  trustee  or  trustees  to  be  elected  by  the  Alumni  at  the 
next  college  commencement.  Forthwith  after  such  first  day  of 
April  a  list  of  all  such  candidates  shall  be  mailed  by  said  Libra- 
rian to  each  alumnus  at  his  address.  (R,  S.  1894,  §  6162;  R.  S. 
1897,  §  6344.) 

501.  Annual  meeting  of  Alumni.     6.    The  annual  meet- 
ing of  the  Alumni  for  the  election  of  trustees  shall  be  held  at 
the  university  on  the  Tuesday  before  the  annual  commencement 
day  of  said  university,  at  the  hour  of  nine  o'clock  A.M.,  at  which 
meeting  a  trustee  shall  be  elected  to  serve  for  three  years  from 
the  first  day  of  July  of  such  year,  and  any  trustee  or  trustees 
which  the  Alumni  may  be  entitled  to  elect  to  complete  any 
uuexpired   term    or   terms.     (R.  S.  1894,    §6163;    R.   S.  1897, 
§  6345.) 

502.  Method  of  voting  by  alumni.     7.    Each  Alumnus 
resident  in  the  State  of  Indiana  may  send  to  said  Librarian, 
over  his  signature,  at  any  time  before  the  meeting  of  the  Alumni 
for  the  election  of  such  trustee  or  trustees,  the  vote  for  such 
trustee  or  trustees  \vhieh  he  would  be  entitled  to  cast  if  person- 
ally present  at  such   meeting,  which  vote  such   Librarian  shall 
deliver  to  such  meeting  to  be  opened  and  counted  at  said  elec- 
tion, together  with  the  votes  of  those  who  are  personally  present ; 
but  no  person  shall  have  more  than  one  vote.     The  person  or 
persons  having  the  highest  number  of  votes  upon  the  first  ballot 
shall  be  declared  the  trustee  or  trustees  according  as  there  may 
be  one  or  more  than  one  trustee  to  be  elected:     Provided,  The 
votes  received  by  said  person,  or  by  each  of  said  persons,  or  at 
least  fifty  per  cent,  of  all  the  votes  cast.     Otherwise  the  Alumni 
personally  present  at  such  meeting  shall,  from  the  two  having 
the  highest  pluralities,  elect  a  trustee,  unless  their  pluralities 
shall  aggregate  less  than  fifty  per  cent,  of  the  votes  cast,  in 
which  case  there  shall  be  included  in  the  number  of  those  to  be 
voted  for,  so  many  of  those  coming  after  such  two  highest  in 
order  of  pluralities  as  will  bring  the  aggregate  of  such  plurali- 
ties of  those  to  be  voted  for  to  fifty  per  cent,  of  the  votes  cast. 
(R.  S.  1894,  §  6064;  R.  S.  1897,  §  6346.) 


332  SCHOOL   LAW   OF    INDIANA. 

[1  R  S.  1852,  p.  504.    Approved  June  17, 1852,  and  in  force  May  6, 1853.] 

503.  Annual  meeting.     3.     Said  Trustees  shall  annually 
meet  at  the  town  of  Bloomington  at  least  three  days  preceding 
the   annual   commencement   of  the  University.     (11.   S.  1881, 
§  4567;  R.  S.  1894,  §  6065;  R.  S.  1897,  §  6348.) 

504.  Quorum— Temporary  appointments.    4.    Five   of 
such  trustees  shall  constitute  a  quorum ;  and,  in  case  an  emer- 
gency is  declared  by  the  faculty,  after  there  shall  have  been  a 
called  session  at  which  the  other  members  failed  to  attend,  the 
trustees  residing  in  the  county  of  Monroe  may  fill  vacancies  in 
the  faculty  of  the  University  and  the  Board  of  Trustees ;  and, 
in  case  there  should  not  be  three  trustees  in  attendance  upon 
such  emergency,  then  those  that  are  in  attendance,  together  with 
such  members  of  the  faculty  as  may  be  in  attendance,  shall  fill 
such  vacancies ;  but  appointments  thus  made  shall  expire  at  the 
next  meeting  of  the  board.     (R.  S.  1881,  §  4568;  R.  S.  1894, 
§  6067 ;  R.  S.  1897,  §  6349.) 

505.  Seminary  township.     5.     The  trustees  of  said  uni- 
versity shall  receive  the  proceeds  of  the  sales  and  rents  of  the 
three  reserved  sections  in  the  seminary  township  in  Monroe 
County,  and  the  same  shall  be  paid  to  the  treasurer  of  said 
trustees,  on  their  order.     (R.  S.  1881,  §  4569 ;  R,  S.  1894,  §  6068 ; 
R,  S.  1897,  §  6350.) 

506.  Interest  on  loans.    6.    The  interest  arising  from  loans 
of  the  State  University  fund,  as  received  at  the  State  treasury, 
shall  be  paid  on  the  warrants  of  the  Auditor  of  State ;  such 
warrants  to  be  granted  on  allowances  made  to  the  persons  en- 
titled thereto  by  the  Board  of  Trustees,  and  duly  certified  by 
their  secretary.     (R.  S.  1881,  §  4570;  R.  S.  1894,  §  6069;  R.  S. 
1897,  §  6751.) 

507.  Faculty — Powers.     7.     The  president,  professors  and 
instructors  shall  be  styled  "  The  Faculty"  of  said  university  and 
shall  have  power — 

First.  To  enforce  the  regulations  adopted  by  the  trustees  for 
the  government  of  the  students ;  to  which  end  they  may  reward 
and  censure,  and  may  suspend  those  who  continue  refractory, 
until  a  determination  of  the  Board  of  Trustees  can  be  had 
thereon. 


SCHOOL    LAW   OF   INDIANA.  333 

Second.  To  confer,  with  the  consent  of  the  trustees,  such 
literary  degrees  as  are  usually  conferred  in  other  universities, 
and,  in  testimony  thereof,  to  give  suitahle  diplomas,  under  the 
seal  of  the  university  and  signature  of  the  faculty.  (R.  S.  1881, 
§  4571 ;  II.  S.  1894,'§  6070 ;  R.  S,  1897,  §  6350.) 

508.  No  religious  qualification.     8.    No  religious  qualifi- 
cation shall  be  required  for  any  student,  trustee,  president,  pro- 
fessor or  other  officer  of  such  university,  or  as  a  condition  for 
admission  to  any  privilege  of  the  same.     (R.  S.  1881,  §4572;  II. 
S.  1894,  §  6071 ;  R.  S.  1897,  §  6353.) 

1.  STUDENTS  MUST  SUBMIT  TO  KULES.    A  student  is  required  to  submit  to  any 
proper  rule  necessary  for  the  good  government  of  the  institution. — State  v.  White, 
82  Ind.  278. 

2.  QUALIFICATIONS  FOR  ADMISSION.     The  faculty  can  not  make  membership 
of  a  Greek-letter  fraternity  or  other  college  secret  society  a  disqualification  for 
admission.— State  v.  White,  82  Ind.  278. 

3.  RACE  OR  COLOR.     Students  can  not  be  expelled  on  account  of  race  or  color. 
—Cory  v.  Carter,  48  Ind.  327. 

509.  No  sectarian  tenets.    9.    No  sectarian  tenets  shall  be 
inculcated  by  any  professor  at  such  university.     (R.  S.  1881, 
§  4573 ;  R.  S.  1894,  §  6072 ;  R.  S.  1897,  §  6354.) 

510.  County  students.     10.     The  trustees  shall  provide  for 
the  tuition,  five  of  charge,  of  two  students  from  each  county  in 
tliU  State,  to  be  selected  by  the  Board  of  County  Commissioners. 
(R.  S.  1881,  §  4574 ;  R,  S.  1894,  §  6073 ;  R.  S.  1897,  §  6355.) 

1.  Each  county  may  send  two  students,  free  of  tuition  fees,  to  be  instructed 
in  the  Law  Department,  as  well  as  any  other  department. — McDonald  v.  Hagins, 
7  Blackf.  525. 

511.  Notice  to  counties.     11.-    The  secretary  of  the  board 
shall  notify  the  County  Auditor  of  each  county  of  the  State 
whenever  there  shall  not  be  in  attendance  at  the  university  the 
n umber  of  students  which  such  county  is  entitled  to  send  free 
of  tuition ;  of  which  such  Auditor  shall  notify  the  Board  of 
Commissioners  of  such  county  at  its  next  meeting.     (R.  S.  1881, 
§  4575  ;  R.  S.  1894,  §  6074;  R.  S.  1897,  §  6356.) 

512.  Treasurer's  bond.     12.     The  treasurer  of  the  univer- 
sity shall  give  bond  in  a  penalty,  and  with  surety  to  be  approved 
by  such  board,  payable  to  the  State,  conditioned  for  the  faithful 


334  SCHOOL    LAW    OF    INDIANA. 

discharge  of  his  duties ;  which  bond  shall  be  filed  with  the 
Auditor  of  State.  (R,  S.  1881,  §  4576 ;  R,  S.  1894,  §  6075 ;  R.  S. 
1897,  §  6357.) 

513.  Board  of  Visitors.     13.     The  Governor,  Lieutenant- 
Go  vernor,  Speaker  of  the  House  of  Representatives,  Judges  Df 
the  Supreme  Court,  and  Superintendent  of  Common  Schools 
[State  Superintendent  of  Public  Instruction],  shall  constitute  a 
Board  of  Visitors  of  the   university,  and  any  three  thereof  a 
quorum.     (R.  S.  1881,  §4577;  R.  S.  1894,  §6076;  R.  S.  1897, 
§  6358.) 

514.  Visitors  not  attending,  to  be  reported.    14.    In  sase 
the  members  of  such  Board  of  Visitors  fail  to  attend  the  an- 
nual commencement  exercises  of  the  university,  the  president 
of  the  Board  of  Trustees  shall  report  such  of  them  as  are  ab- 
sent to  the  next  General  Assembly,  in  its  annual  report.     (R.  S. 
1881,  §  4578 ;  R.  S.  1894,  §  6077 ;  R.  S.  1897,  §  6359.) 

515.  Duties  of  Visitors.     15.     Such  Board  of  Visitors  shall 
examine  the  property,  the  course  of  study  and  discipline,  and 
the  state  of  the  finances  of  the  university,  and  recommend  such 
amendments  as  it  may  deem  proper,  the  books  and  the  accounts 
of  the  institution  being  open  to  its   inspection ;   and  it  shall 
make  report  of  its  examination  to  the  Governor,  to  be  by  him 
laid  before  the  next  General  Assembly.     (R.  S.  1881,  §  4579 ; 
R.  S.  1894,  §  6078;  R.  S.  1897,  §  6360.) 

516.  Duties  of  Secretary.     16.    The  secretary  of jthe  Board 
of  Trustees  shall  keep  a  true  record  of  all  the  proceedings  of 
said  Board,  and  certify  copies  thereof.     He  shall  also  keep  an 
account  of  the  students  in  the  university  according  to  their 
classes,  stating  their  respective  ages  and  places  of  residence,  and 
a  list  of  all  graduates.     (R.  S.  1881,  §  4580 ;  R.  S.  1894,  §  6079  ; 
R.  S.  1897,  §  6361.) 

517.  Duties  of  Treasurer.     17.     The  treasurer  of  said  uni- 
versity shall — 

First.  Keep  true  accounts  of  all  money  received  into  the 
treasury  of  said  university,  and  of  the  expenditures  thereof. 

Second.  Pay  out  the  same  on  the  order  of  the  Board  of 
Trustees,  certified  by  its  secretary. 


SCHOOL    LAW    OF    INDIANA.  335 

Third.     Collect  the  tuition  fees  due  the  same. 

Fourth.  Make  semi-annual  settlements  with  the  Board  of 
Trustees. 

Fifth.  Submit  a  full  statement  of  the  finances  of  the  univer- 
sity, and  his  receipts  and  payments,  at  each  meeting  of  the 
Board  of  Trustees. 

Sixth.  Submit  his  books  and  papers  to  the  inspection  of  the 
Trustees  and  Visitors.  (R.  S.  1881,  §  4581 ;  R.  S.  1894,  §  6080 ; 
R.  S.  1897,  §  6362.) 

518.  Report  to  State  Superintendent.    18.    The  Board 
of  Trustees,  its  secretary  and  treasurer,  shall  report  to  the  Su- 
perintendent of  Common  Schools  [State  Superintendent  of  Pub- 
lic Instruction],  all  matters  relating  to  the  university,  when  by 
him  required.     (R.  S.  1881,  §4582;  R.   S.  1894,  §6081;  R.  S. 
1897,  §  6363.) 

519.  Lectures  by  faculty.    19.    One  member  of  the  faculty, 
to  be  designated  by  a  majority  thereof,  of  which  the  secretary 
of  the  board  shall  be  informed,  shall,  by  himself  or  competent 
substitute,  deliver  a  public  lecture  on  the  principles  and  organ- 
ization of  the  university,  its  educational  facilities  (being  careful 
not  to  disparage  the  claims  of  other  institutions  of  learning  in 
the  State),  in  at  least  fifteen  different  counties  of  the  State,  of 
which  he  shall  give  due  notice;  and  in  a  vacation  of  less  dura- 
tion than  one  month  a  member  of  the  faculty,  to  be  designated 
as  aforesaid,  shall  deliver  such  lecture  in  at  least  three  different 
counties ;  a  brief  statement  of  which  lectures  shall,  by  the  per- 
sons delivering  them,  be  reported  to  the  Board  of  Trustees,  an- 
nually, to  be  by  them  incorporated  in  the  annual  report  to  the 
General  Assembly ;  but  no  two  such  lectures  shall  be  delivered 
in  the  same  county  until  all  the  counties  of  the  State  have  been 
lectured  in.     (R,  S.  1881,  §  4583 ;  R.  S.  1894,  §  6082 ;  R.  S.  1897, 
§  6364.) 

520.  Geological  examinations  and  specimens.    20.   Such 
lecturers  shall  make  such  geological  examinations  and  collect 
such  mineral  ogical  specimens  as  they  may  be  able  to  make  and 
procure;   a  report  whereof  they  shall  make  to  the  Board  of 
Trustees,  to  be  by  it  incorporated  in  its  annual  report  to  the 
General  Assembly;  and  such  specimens,  together  with  those 


336  SCHOOL   LAW    OF   INDIANA. 

they  may  procure  by  voluntary  donations,  they  shall  deposit  in 
a  suitable  room  in  the  university  buildings,  to  be  fitted  up  for 
that  purpose.  (R.  S.  1881,  §4584;  R.  8.  1894,  §  6083;  R.  S. 
1897,  §  6365.) 

521.  Printing  annual  report.     21.    The  Governor  of  the 
State  shall  order  the  printing,  annually,  of  five  thousand  copies 
of  the  annual  report  of  the  Board  of  Trustees,  twenty-five  hun- 
dred of  which  shall  be  for  the  use  of  the  members  of  the  General 
Assembly  and  twenty-five  hundred  for  the  faculty.     (R.  S.  1881, 
§  4585 ;  R.  S.  1894,  §  6984;  R.  S.  1897,  §  6366.) 

1.     How  PRINTED.     This  report  and  the  catalogues  are  printed  by  the  State 
Commissioners  of  Public  Printing.     Acts  1885,  p.  217,  section  9. 

522.  Contents  of  report.     22.    Such  report  shall  contain 
what  is  now  included  in  the  annual  catalogue,  with  such  other 
matters  as  may  be  deemed  useful  to  the  cause  of  education,  con- 
nected with  the  university.     (R.  S.  1881,  §4586;  R.  S.  1894, 

§  6085 ;  R.  S.  1897,  §  6367.) 

523.  Notice  of  sessions.     23.    The  Board    of   Trustees, 
through  its  president,  shall  give  at  least  one  month's  notice  of 
the  commencement  of  each  session  of  the  university  in  at  least 
one  newspaper  in  the  cities  of  Indianapolis,  Louisville,  in  the 
State  of  Kentucky,  and  in  New  Orleans,  in  the  State  of  Louisi- 
ana.    (R.  S.  1881,  §  4587 ;  R,  S.  1894,  §  6086 ;  R.  S.  1897,  §  6368.) 

524.  Buildings  and  repairs.     24.    The  Board  of  Trustees 
shall,  annually,  appoint  a  committee  of  its  body  to  examine  the 
university  buildings  and  grounds  adjacent,  who  shall  report  the 
kind  and  cost  of  repairs,  if  any  are  needed;  and  one  of  the 
members  of  the  faculty  shall  be  appointed  to  take  care  of  such 
buildings  and  grounds.     (R.  S.  1881,  §  4588 ;  R,  S.  1894,  §  6087 ; 
R.  S.  1897,  §  6369.) 

525.  Normal  Department.     25.    Such  Trustees  shall  es- 
tablish a  normal  department  for  instruction  in  the  theory  and 
practice  of  teaching,  free  of  charge  to  such  young  persons,  male 
and  female,  residents  of  the  State,  as  may  desire  to  qualify 
themselves  as  teachers  of  common  schools,  within  the  State, 
under  such  regulations  as  such  Board  of  Trustees  may  make  in 
regard  to  admitting  to,  kind,  and  time  of  delivery  of  lectures 


SCHOOL   LAW    OF  INDIANA.  337 

in  such  department,  and  the  granting  of  diplomas  therein ;  and 
such  regulations  shall  be  incorporated  in  the  annual  report  of 
the  Trustees  to  the  General  Assembly.  (R.  S.  1881,  §  4589 ;  R. 
S.  1894,  §  6088 ;  R.  S.  1897,  §  6370.) 

526.  Agricultural  department.    26.    Such  Trustees  shall 
also  establish  an  agricultural   department  in  such  university, 
under  proper  regulations,  which  shall  likewise  be  set  forth  in 
their  annual  report.     (R.  S.  1881,  §4590;  R.  S.  1894,  §6089; 
R.  S.  18'*-,,  §6371.) 

[1857,  P.  130.    Approved  March  7, 1857,  and  in  force  August  24, 1857.] 

527.  Scholarships   transferable.     1.    All  scholarships  in 
the  State  University,  issued  for  or  founded  upon  subscription 
moneys  paid  by  individuals  toward  the  construction  of  the  uni- 
versity buildings,  or  any  of  them,  or  the  right  to  use  said  schol- 
arships for  any  session  or  sessions  of  the  college  year  in  said 
institution,  may  be  transferred  or  sold  by  the  holders  thereof 
for  a  valuable  consideration.     (R.  S.  1881,  §4591;  R.  S.  1894, 
§6090;  R,  S.  1897,  §  6372.) 

[1861  S.,  p.  89.    Approved  and  in  force  May  31, 1861.] 

528.  Perpetual  scholarships.     1.     The  contingent  fee  on 
perpetual  scholarships,  issued  by  the  Trustees  of  the  State  Uni- 
versity, shall  not  be  more  than  one  dollar  per  session:     Pro- 
vided, That  the  Trustees  are  hereby  authorized  to  purchase  said 
scholarships  whenever,  in  their  opinion,  it  is  for  the  best  inter- 
ests of  the  university,  at  riot  more  than  ninety  cents  on  the  dol- 
lar, by  giving  notice  in  some  newspaper  published  in  the  town 
of  Bloomington,  that  they  are  ready  to  purchase  said  scholar- 
ships ;  and,  after  the  date  of  such  notice,  no  person  shall  be  en- 
titled to  any  benefits  under  the  provisions  of  said  scholarships, 
except  to  sell  the  same,  as  is  provided  in  this  act.     (R.  S.  1881, 
§  4592;  R.  S.  1894,  §  6091 ;  R,  S.  1897,  §  6373.) 

[1861  S.,  p.  88.    Approved  May  11, 1861,  and  in  force  September  7, 1861.] 

529.  Library.     2.     The  State  Librarian  is  directed  to  trans- 
fer from  the  State  Library  to  the  Library  of  the  Indiana  Uni- 
versity a  complete  set  of  journals  of  both  Houses  of  the  Legis- 
lature, a  copy  of  all  laws  enacted  since  the  organization  of  the 

22— SCH.  LAW. 


338  SCHOOL    LAW    OF   INDIANA. 

titate,  and  of  all  reports  from  the  several  departments  of  State, 
and  of  those  received  from  other  States,  and  from  the  general 
government,  together  with  all  other  books  and  documents  of 
which  there  are  duplicates  now  in  the  State  Library,  or  shall 
be  hereafter  received :  Provided,  That  such  books  and  docu- 
ments can  be  spared  without  injury  to  the  State  Library,  and 
that  such  transfer  be  made  without  expense  to  the  State.  (R.  S. 
1881,  §  4593;  R.  S.  1894,  §  6092;  R.  S.  1897,  §  6374. 

530.  State  Geologist.     3.    The  State  Geologist,  while  he 
holds  his  office,  shall  be  regarded  as  a  member  of  the  faculty 
of  the  university;  and  he  is  hereby  directed,  in  his  reconnois- 
ances,  to  collect  duplicate  specimens  of  mineralogy  and  geology, 
and  to  deposit  one  set  of  the  same  in  the  cabinet  of  the  State 
University.      (R.  S.  1881,  §  4594;   R.  S.  1894,  §  6093;   R.  S. 
1894,  §  6375. 

[1  R.  S.  1852,  p.  504,  Approved  June  17, 1852,  and  in  force  May  6, 1853.J 

531.  Fund,   how   derived — Loans.     28.     The    University 
fund  shall  consist  of  the  lands  in  Monroe  and  Gibson  Counties, 
and  the  proceeds  of  sales  thereof,  and  all  donations  for  the  use 
of  such  university,  where  the  same  is  expressly  mentioned  in 
the  grant,  or  where  in  such  grant  the  term  "University"  only 
is  used ;  the  principal  of  which  fund,  when  paid  into  the  State 
Treasury,  shall  be  loaned,  and  the  annual  interest  thereon  ap- 
plied to  the  current  expenses  of  the  university,  upon  warrants 
drawn  on  the  Treasurer  of  State  by  the  Auditor  of  State,  on 
the  requisition  of  the  Board  of  Trustees,  signed  by  the  Presi- 
dent and  attested  by  the  Secretary  thereof.     (R.  S.  1881,  §  4595 ; 
R.  S.  1894,  §  6094;  R.  S.  1897,  §  6376. 

532.  Auditor  of  State  to  loan— Duty.     29.     It  shall  be 
the  duty  of  the  Auditor  of  State  to  loan  out  such  fund  upon 
real  estate  security.     He  shall  duly  inform  himself  of  the  value 
of  all  real  estate  offered  in  pledge,  and  shall  be  judge  of  the 
validity  of  the  title  thereof;  and  any  person  applying  for  a  loan 
shall  produce  to  said  auditor  the  title  papers  to  such  real  estate, 
showing  title  m  fee  simple,  without  incumbrance,  and  not  de- 
rived through  any  executor's  or  administrator's  sale,  or  sale  on 


SCHOOL    LAW    OF    INDIANA.  339 

execution.  (R,  S.  1881,  §  4596;  R.  S.  1894,  §  6095;  R.  S.  1897, 


1.  REPEALED.  From  section  402  to  section  424,  inclusive,  has  been  repealed 
by  the  Act  of  1897,  section  466.  The  repealed  sections  are  inserted  as  matter  of 
information. 

[1901,  p.  342.    Approved  and  in  force  March  9,  1901.] 

533.  Form  of  mortgage.     30.     The  mortgage  to  be  taken 
may  be  in  the  following  form,  in  substance: 

/,  A.  B.,  of  the  count  i/  of  —  —  ,  in,  the  State  of  Indiana,  do  assign  and  transfer  to 
tlic  Mute  ,i/'  /mliana  nil  [la-re  describe  the  land],  which  I  declare  to  be  mortgaged  Jor  the 
•]><it/in<'ut  of  -  —  dullafs,  ii-ifli  interest  at  the  rate  of  six  per  cent,  per  annum,  payable 
in  adi-ancr,  according  to  (he  conditions  of  the  note  heneunto  annexed. 

534.  Form   of   Note.     31.     The    note    accompanying   the 
same  may  be,  in  substance,  as  follows: 

7,  .1.  7>.,  promise  in  j,,ti/  tn  fit,'  State  af  Indiana,  on  or  before  the  -  day  of  -  , 
the  sum  <f  —  —  ,  tcit/t  interest  thereon,  at  the  rate  of  six  per  cent,  per  annum,  in  advance, 
commencing  on  the  -  day  of  --  ,  19  —  ,  and  do  agree  that,  in  case  of  failure  to 
pay  an  I/  installment  of  s<dd  in  t'-  rest  ^  flic  said  principal  shall  become  due  and  collectible,  to- 
gether with  all  arrears  <>f  interest;  ami  on  am/  such  failure  to  pay  principal  or  interest  when 
due,  jire  /»',•  c<'i,fiint  damaijis  on  the  irho/e  sum  due  shall  be  collected,  with  costs,  and  the 
premises  inortyayed  ///<>_//  /><  •  forth  nit/i  sold  by  the  Auditor  of  Public  Accounts  [Auditor  of 
State],  for  the  jxn/incnf  of  such  principal  sum,  interest,  damans  and  costs. 

[1.    R.  S.  1852,  p.  f><»4.    Approved  June  17,  1851.    In  force  May  6,  1853.1 

535.  Loans  —  Security.    32.    Ko  greater  sum  than  five  hun- 
dred dollars  shall  IMI  loaned  to  any  one  person  out  of  such  fund, 
nor  shall  the  loan   be  for  a  longer  period  than  five  years;  and 
the  sum  loaned  shall  not  exceed  one-half  of  the  appraised  value 
of  the   premises  to  be  mortgaged,  clear  of  all  perishable  im- 
provements.    The  Auditor  may  reduce  the  amount  to  be  loaned 
on  any  such  valuation,  when,  for  any  cause,  he  may  have  reason 
to  believe  the  same  was  not  in  proportion  to  the  prices  of  simi- 
lar property  selling  in  the  vicinity,  such  valuation  to  be  made- 
from  the  valuation   of  the  same  property  in  the  assessment  of 
the  State  revenue.     (R.  S.  1881,  §  4599;  R.  S.  1894,  §  6098;  R. 
S.  1897,  s  r>788.) 

[1901,  p.  342.    Approved  and  in  force  March  9,  1901.] 

536.  Interest.     33.     The  rate  of  interest  required  shall  be 
six  per  cent,  in  advance,  payable  annually.     On  failure  to  pay 
any  installment  of  interest  when  due,  the  principal  shall  forth- 
with become  due;  and  the  note  and  mortgage  may  be  collected. 


340  SCHOOL  LAW  OF  INDIANA. 

1.     This  section,  as  it  originally  stood,  was  not  repealed  by  the  general  interest 
law  of  1879,  fixing  the  rate  at  8  per  cent. — State  v.  Carr,  111  Ind.  335. 

[1.    R.  S.  1852,  p.  504.    Approved  June  17, 1852;  in  force  May  6, 1853.] 

537.  Priority  of  mortgage.     34.    Such  mortgages  shall  be 
considered  as  of  record  from  the  date  thereof;  and  shall  have 
priority   of  all  mortgages  or  conveyances  not  previously  re- 
corded, and  of  all  other  liens  not  previously  incurred,  in  the 
county  where  the  land  lies.     (R.  S.  1881,  §4601;   E.  S.  1894, 
§6100;  E.  S.  1897,  §6390.) 

538.  Recording  of  mortgage.     35.    It  shall  be  the  duty 
of  the  Auditor  to  have  such  mortgages  recorded  with  due  dili- 
gence, the  expense  whereof  shall  be  borne  by  the  mortgagor,  and 
may  be  retained  out  of  the  money  borrowed.     (E.   S.  1881, 
§4602;  E.  S.  1894,  §  6101 ;  E.  S.  1897,  §6391.) 

539.  Certificate  as  to  liens.     36.     The  person  applying 
for  a  loan  shall  file  with  the  Auditor  the  certificate  of  the  Clerk 
and  Eecorder  of  the  county  in  which  the  land  lies,  showing  that 
there  is  no  conveyance  of  or  incumbrance  on  said  land,  in  either 
of  their  offices.     (E.  S.  1881,  §4603;  E.  S.  1894,  §6102;  E.  S. 
1897,  §  6392.) 

540.  Abstract  of  title.     37.     Such  person  shall  also,  before 
he  receives  the  money  to  be  loaned,  make  oath  to  the  truth  of 
an  abstract  of  the  title  to  his  said  land,  and  that  there  is  no  in- 
cumbrance, or  better  claim,  as  he  believes,  upon  said  land.     (E. 
S.  1881,  §4604;  E.  S.  1894,  §6103;  E.  S.  1897,  §6393.) 

541.  Auditor's  duty.     38.     On  making  any  loan  of  such 
fund,  the  Auditor  shall  draw  his  warrant  on  the  Treasurer  in 
favor  of  the  borrower ;  and  the  Treasurer  shall  pay  the  same 
and  charge  it  to  the  proper  fund.     (E.  S.  1881,  §4605;  E,  S. 
1894,  §6104;  E.  S.  1897,  §6394.) 

542.  Payment.     39.     All  loans  refunded  and  all  interest 
shall  be  paid  into  the  State  Treasury ;  and  the  Treasurer's  re- 
ceipt shall  be  filed  with  the  Auditor  of  State,  who  shall  give  the 
payer  a  quietus  for  the  amount  thereof  and  make  the  proper 
entries  upon  his  books.     (E.  S.  1881,  §  4606 ;  E.  S.  1894,  §  6105 ; 
E,  S.  1897,  §  6395.) 


SCHOOL   LAW   OF    INDIANA.  .  341 

543.  Satisfaction.     40.     Whenever  the  amount  due  on  any 
mortgage  shall  be  fully  paid  and  the  Treasurer's  receipt  filed 
therefor,  the  Auditor  shall  indorse  on  the  note  and  mortgage 
that  the  same  has  been  fully  satisfied,  and  surrender  them  to  the 
person  entitled  thereto  ;  and  on  the  production  of  the  same,  with 
such  indorsement  thereon,  the  Recorder  of  the  proper  county 
shall  enter  satisfaction  upon  the  record  thereof.     (R.  S.  1881, 
§  4607 ;  R.  S.  1894,  §  6106 ;  R.  S.  1897,  §  6396.) 

544.  Loans,  how  collected.     41.     When  the   interest   or 
principal  of  any  such  loan  "shall  become  due  and  remain  unpaid 
the  Auditor  shall  proceed  to  collect  the  same  by  a  suit  on  the 
note,  or  by  the  sale  of  the  mortgaged  premises,  or  both,  as  to 
him  may  seem  most  advisable.     He  may,  also,  by  proper  action, 
obtain   possession   of  the   mortgaged   premises.     (R.   S.  1881, 
§  4608 ;  R,  S.  1894,  §  6107  ;  R,  S.  1897,  §  6397.) 

545.  Judgment.     42.     In  case  of  suit  on  such  note,  and 
judgment  thereon,  no    stay  of  execution   or  appraisement  of 
property   shall   be   allowed.     (R,  S.  1881,  §4609;    R.  S.  1894, 
SU108;  R-  S.  1897,  §6398.) 

546.  Notice  of  sale.     43.     On  failure  to  pay  any  interest  or 
principal,  when  due  on  any  such  mortgage,  the  Auditor  shall 
advertise  the  mortgaged  property  for  sale  in  one  or  more  of  the 
newspapers  printed  in  this  State,  for  sixty  days — such  sale  to 
take  place  at  the  courthouse  door  in  Indianapolis.     (R.  S.  1881, 
§  4(310  ;  R.  S.  1894,  §  6109 ;  R.  S.  1897,  §  6399.) 

1.  A  failure  to  give  notice,  or  to  not  give  it  the  required  length  of  time,  ren- 
ders the  sale  void. — Brown  v.  Ogg,  85  Ind.  234.  Abbreviations  may  be  used  in 
the  description. — Bansemer  v.  Mace,  18  Ind.  27. 

547.  Sale.     44.     At  the  time  appointed  for  such  sale  the 
Auditor  and  Treasurer  of  State  shall  attend,  and  the  Auditor 
shall  make  sale  of  so  much  of  the  mortgaged  premises  to  the 
highest  bidder,  for  cash,  as  will  pay  the  amount  due  for  princi- 
pal, interest,  damages  and  cost  of  advertising  and  selling  the 
same ;  and  such  sales  may  be  in  parcels,  so  that  the  whole  amount 
required  be  realized.     (R.  S.  1881,  §4611;  R,  S.  1894,  §6110; 
R.  S.  1897,  §  6400.) 

1.  A  sale  for  more  than  is  due  is  void. — Brown  v.  Ogg,  85  Ind.  234.     The 
Auditor  may  act  by  deputy. — Bansemer  v.  Mace,  18  Ind.  27. 

2.  It  is  not  necessary  to  offer  the  mortgaged  tract  in  parcels. — Bansemer  v. 
Mace,  18  Ind.  27 


342  SCHOOL    LAW    OP   INDIANA. 

548.  When  Auditor  to  buy— Re-sale.    45.    In  case  no  one 
will  bid  the  full  amount  due  as  aforesaid,  the  Auditor  shall  bid 
in  the  same,  on  account  of  the  proper  fund ;  and  as  soon  there- 
after as  may  be,  he  shall  sell  the  same  to  the  highest  bidder  for 
cash,  or  on  a  credit  of  five  years,  interest  being  payable  annu- 
ally in  advance.     (R.  S.  1881,  §  4612  ;  R.  S.  1894,  §  6111 ;  *R.  S. 
1897,  §  6401.) 

549.  Limit  of  bid — Overplus.     46.     The  sale  authorized  in 
the  preceding  section  shall  not  be  for  less  than  the  amount 
chargeable  on  such  land ;  but  if  for  more,  the  overplus  shall  be 
paid  to  the  mortgagor,  his  heirs  or  assigns.     (R.  S.  1881,  §  4613 ; 
R,  S.  1894,  §  6112;  R.  S.  1897,  §  6402.) 

550.  Statement  of  sale.     47.    The  Treasurer  shall  attend 
and  make  a  statement  of  such  sales,  which  shall  be  signed  by 
the  Auditor  and  Treasurer,  and,  after  being  duly  recorded  in 
the  Auditor's  office,  shall  be  filed  in  the  Treasurer's  office ;  and 
such  record,  or  a  copy  thereof,  authenticated  by  the  Auditor's 
or  Treasurer's  certificate,  shall  be  received  as  evidence  of  the 
matters  therein  contained.     (R.  S.  1881,  §4614;    R.   S.   1894, 
§6113;  R.  S.  1897,  §  6403.) 

551.  Title  in  State,  without  deed.    48.    When  any  land 
is  bid  in  by  the  State  at  such  sale,  no  deed  need  be  made  there- 
for to  the  State;  but  the  statement  of  such  sale,  and  the  record 
thereof  made,  as  in  the  preceding  section  required,  shall  vest 
the  title  in  the  State,  for  the  use  of  the  fund.     (R.  S.  1881, 
§  4615  ;  R.  S.  1894,  §  6114;  R.  S.  1897,  §  6404.) 

552.  Sale  for  cash— Certificate.     49.    In  case  of  a  sale  of 
any  such  land  to  any  person  for  cash,  on  the  production  of  the 
Treasurer's  receipt  for  the  purchase  money,  the  Auditor  shall 
give  to  the  purchaser  a  certificate,  which  shall  entitle  him  to  a 
deed  for  said  land,  to  be  executed  by  the  Governor  of  this  State 
and  recorded  in  the  office  of  the   Secretary  of  State.     (R.  S. 
1881,  §  4616 ;  R.  S.  1894,  §  6115 ;  R.  S.  1897,  §  6405.) 

553.  Sale  on  credit.     50.     In  like  manner,  when  a:iy  tract 
bid  in  by  the  State  or  sold  on  a  credit,  on  the  execution  and  de- 
livery of  a  note  and  mortgage  for  the  proper  amount,  as  in 
other  cases  required,  the  purchaser  shall  be  entitled  to  a  deed 


SCHOOL    LAW    OF    INDIANA.  843 

for  the  same,  to  be  made  as  prescribed  in  the  preceding  section ; 
and  the  transaction  shall  be  entered,  and  appear  upon  the  Aud- 
itor's and  Treasurers  books  as  a  payment  of  the  sum  bid,  and 
a  re-loan  of  the  same  to  the  purchaser,  and  the  proper  receipts 
and  warrants  shall  pass  therefor.  (R.  S.  1881,  §4617;  R.  S. 
1894,  §  6116 ;  R.  S.  1897,  §  6406.) 

554.  Fees  and  damages.    51.    For  the  services  of  the 
Auditor  and  Treasurer  in  conducting  such  sales,  they  shall  be 
entitled  to  receive  five. per  cent,  damages,  chargeable  on  such 
sales.     (R.  S.  1881,  §  4618 ;  R.  S.  1894,  §  6117 ;  R,  S.  1897,  §  6407.) 

555.  Accounts — Reports.     52.    The  Auditor  and  Treasurer 
shall  keep  fair  and  regular  entries  of  the  sums  received  and 
paid  out  on  account  of  said  fund,  and  shall  include  the  same  in 
their  annual   reports.     (R.  S.  1881,  §4619;  R.  S.  1894,  §  6118 ; 
R.  S.  1897,. §6408.) 

556.  Accounts  with  borrowers.     53.     In  addition  thereto, 
the  Auditor  shall  keep  fair  and  regular  accounts  with  the  bor- 
rowers of  said  fund,  and  shall  report  the  names  of  borrowers 
with  his  annual  report.     (R,  S.  1881,  §  4620  ;  R.  S.  1894,  §  6119  ; 
It.  S.  1897,  §  6409.) 

557.  Interest,  when  loaned.     54.     Should   any   interest 
remain  on  hand,  not  wanted  for  the  use  of  the  university,  the 
same  may  be  loaned  as  other  funds.     (R,  S.  1881,  §  4621 ;  R.  S. 
1894,  §  6120 ;  R.  S.  1897,  §  6410.) 

558.  Unsold  lands.     55.     The  care  and  disposition  of  the 
lands  belonging  to  and  for  the  use  of  said  university,  remaining 
unsold  or  unpaid  for,  shall  be  vested  in  the  present  commis- 
sioners of  the  reserved  townships  in  the  counties  in  which  such 
lands  may  lie,  who  shall  sell  such  as  remain  unsold,  and  such  as 
are  forfeited  for  non-payment,  on  such  terms  and  under  such 
regulations  as  the  Board  of  Trustees  of  such  university  may 
provide  ;  except  that,  in  every  instance,  the.  interest  on  the  pur- 
chase-money must  be  paid  in  advance.     ~No  purchaser,  his  heirs 
or  assigns,  shall  have  the  right  to  cut  down  or  destroy  timber 
standing  upon  such  land,  other  than  for  the  erection  of  fences 
and  buildings  thereon,  or  for  firewood  to  be  used  on  the  prem- 


344  SCHOOL   LAW   OF   INDIANA. 

ises,  and  in  fairly  improving  it  for  cultivation.     (R.  S.  1881, 
§  4622;  E.  S.  1894,  §  6121;  R.  S.  1897,  §  6411.) 

559.  Certificates  of  payment— Patent.    56.    On  the  first 
payment  for  any  such  land  being  made,  the  proper  commissioner 
shall  execute  to  the  purchaser  a  certificate  therefor;  and,  on 
final  payment,  the  original  certificate  shall  be  surrendered  to 
the  commissioner,  and  by  him  filed  away,  and  he  shall  give 
to  the  purchaser  two  final  certificates,  stating  the  whole  amount 
of  principal  and  the  whole  amount  of  interest  paid,  one  of  which 
certificates  shall  be  forwarded  to  the  Auditor  of  State;  and  on 
presentation  of  the  other  to  the  Auditor  of  State,  if. in  all  things 
correct,  he  shall  countersign  the  same,  which  shall  entitle  the 
owner  to  a  patent,  to  be  issued  by  the  Governor  for  the  land  so 
paid  for.     (R.  S.  1881,  §  4623;  R.  S.  1894,  §  6122;  R.  S.  1897, 
§  6412.) 

560.  Leases.     57.     Such  commissioners  may,  from  time  to 
time,  lease  any  such  unsold  improved  land,  for  a  term  not  ex- 
ceeding one  year,  until  the  same  can  be  sold ;  and  such  leases 
shall  be  guarded  against  trespass  and  waste  by  proper  covenants. 
(R.  S.  1881,  §  4624;  R.  S.  1894,  §  6123;  R.  S.  1897,  §  6413.) 

561.  Commissioners'  report.    58.    Such  commissioners  shall 
make  an  annual  report  to  the  Board  of  Trustees  of  the  lands 
remaining  unsold,  such  as  are  forfeited,  such  as  are  not  fully 
paid  for,  the  amount  due,  and  money  collected  from  sale,  as 
interest  or  principal ;  which  report  shall  be  subscribed  and  sworn 
to  by  such  commissioners,  respectively,  and   be  incorporated 
in  the  annual  report  of  such  board  to  the  General  Assembly. 
(R.  S.  1881,  §  4625;  R.  S.  1894,  §  6124;  R.  S.  1897,  §  6414.) 

562.  Commissioners'  duty.     59.    Money  collected  by  such 
commissioners  shall  be  paid  over  to  the  treasurer  of  the  board, 
who  shall  execute  to  such  commissioners  two  receipts  therefor, 
each  specifying  the  persons  from  whom  such  money  was  col- 
lected, and  the  amount  thereof,  whether  for  interest  or  princi- 
pal ;  one  of  which  receipts  shall  be  immediately  forwarded  to 
the  Auditor  of  State,  to  be  by  him  used  in  his  settlement  with 
such  treasurer.     (R.  S.  1881,  §  4626;  R,  S.  1894,  §  6125;  R.  S. 
1897,  §  6415.) 


SCHOOL  LAW  OF  INDIANA.  345 

563.  Pay  of  Commissioners.     60.    Such  board  shall  regu- 
late  the  compensation   of   such  commissioners.     (R.  S.   1881, 
§  4627;  R.  S.  1894,  §  6126;  R.  S.  1897,  §  6416.) 

564.  Patents,  and  recording.     61.    Patents  for  land  sold 
shall  be  made  by  the  Governor,  and  recorded  in  the  office  of  the 
Secretary  of  State.     (R.  S.  1881,  §4628;  R.  S.  1894,  §6127; 
R,  S.  1897,  §  6417.) 

[1855,  p.  201.    Approved  and  in  force  March  3, 1855.] 

565.  Pay  for  managing  fund.     7.    The  Auditor  of  State 
and  the  Treasurer  of  State,  for  the  management  of  the  Uni- 
versity fund,  shall  be,  jointly,  entitled  to  receive  five  per  centum 
upon  the  interest  paid  in  on  such  fund;  and  it  shall  not  be  law- 
ful for  them,  or  either  of  them,  to  make  any  other  charges 
against  the  same.     (R.  S.  1881,  §  4629;   R.  S,  1894,  §  6128; 
R.  S.  1897,  §  6418.) 

566.  Extension  of  payments.     8.    The  time  for  the  final 
payments  to  be  made  by  the  holders  of  original  certificates  for 
the  purchase  of  lands  reserved  and  granted  to  the  State  Uni- 
versity of  Indiana,  in  the  case  of  all  such  certificates  as  have 
heretofore  been  issued  and  are  now  outstanding,  shall  be  ex- 
tended for  the  further  term  of  three  years  from  the  time  when 
the  same  may,  respectively,  fall  due.     (R.  S.  1881,  §  4630 ;  R.  S. 
1894,  §  6129 ;  R.  S.  1897,  §  6419.) 

567.  Forfeiture,  how  prevented.    9.    Any  and  all  holders 
of  such  certificates,  as  aforesaid,  who  have  forfeited  such  lands 
by  the  non-payment  of  interest  on  the  purchase-moliey,  shall 
be  exempted  and  released  from  such  forfeiture  by  paying,  to  the 
commissioners   of  such  lands,  on   or  before   the  first  day  of 
August,  in  the  year  1855,  all  interest  due  on  the  same,  together 
with  the  interest  upon  the  amount  due  at  the  time  of  such  for- 
feiture up  to  the  time  of  said  payment;  and  upon  such  pay- 
ment being  made,  in  the  manner,  and  within  the  time  herein 
specified,  the  holder  of  such  certificate  shall  have  the  same 
rights  under  it  as  if  such  forfeiture  had  never  occurred.*    (R.  S. 
1881,  §  4631 ;  R.  S.  1894,  §  6130;  R.  S.  1897,  §  6420.) 

568.  Forfeited  lands.     10.     If  any  portion  of  said  lands 
now  forfeited  shall  not  have  been  redeemed  on  said  first  day  of 


346  SCHOOL    LAW    OF    INDIANA. 

August  next,  as  provided  in  the  preceding  section,  it  snail  be 
the  duty  of  the  commissioners  of  such  reserved  lands  to  sell 
the  same  for  the  best  price  they  can  obtain,  not  less  than  the 
original  purchase  price,  allowing  the  purchaser  a  credit  on  the 
same  as  now  provided  by  law.  If  any  of  such  lands  shall  here- 
after be  forfeited,  it  shall  be  the  duty  of  such  commissioners, 
if  the  same  be  not  redeemed  within  six  months  from  the  time 
of  such  forfeiture,  to  sell  the  same  on  the  terms  in  this  section 
above  provided.  For  their  services  in  effecting  such  sales,  the 
commissioners  shall  be  entitled  to  retain,  out  of  the  first  money 
received  from  the  purchasers,  five  per  cent,  upon  the  amount 
of  the  purchase  price  of  such  lands.  (R.  S.  1881,  §  4632 ;  R.  S. 
1894,  §  6131 ;  R.  S.  1897,  §  6421.) 

[1859,  p.  234.    Approved  and  in  force  March  2, 1859.] 

569.  Appraisement  of  lands.     1.     The  Board  of  Trustees 
of  the  Indiana  University  shall  cause  to  be  appraised  the  land 
granted  by  the  United  States  to  the  State  of  Indiana  for  the 
use  of  the  said  university.     (R.   S.  1881,  §4633;  R.  S.  1894, 
§  6132 ;  R.  S.  1897,  §  6422.) 

570.  Where  filed  and  recorded.     2.    It  shall  be  the  duty 
of  the  said  trustees,  when  the  said  appraisement  shall  have  been 
made,  to  record  the  same  upon  their  books,  and  to  file  a  copy 
of  the  same  in  the  office  of  the  Auditor  of  State,  to  be,  by  said 
Auditor,  recorded  in  his  office;  and,  also,  to  file  copies  of  such 
appraisements  of  the  lands  in  the  respective  counties  in  the 
office  of  the  auditor  of  the  county  where  the  lands  are  situate, 
to  be  by*  said  County  Auditor  recorded.     (R.  S.  1881,  §  4634; 
R.  S.  1894,  §  6133;  R.  S.  1897,  §  6423.) 

571.  Duty  of  County  Auditors.     3.    The  Auditor  of  each 
of  the  said  counties  shall,  upon  said  appraisements  being  filed  as 
aforesaid,  and  when  required  so  to  do  by  the  said  Board  of  Trus- 
tees, offer  for  salesso  much  of  the  said  lands  as  may  be  within 
their  respective  counties  at  public  auction,  in  the  manner  here- 
inafter mentioned.     R.  S.  1881,  §  4635 ;  R.  S.  1894,  §  6134 ;  R.  S. 
1897,  §  6424.) 

572.  Notice  of  sale.     4.    Notice  of  the  time,  place,  and 
conditions  of  such  sale  shall  be  given  by  publication,  for  four 


OF  i-HC     r 


UNIVERSITY 


SCHOOL    LAW    OF    INDIANA. 

\\  cuks  successively  in  a  newspaper  published  in  such  county,  if 
any  there  be  ;  if  not,  in  a  newspaper  in  this  State  published 
nearest  thereto,  and  also  by  posting  up  written  or  prinu. 
notices  thereof  in  three  of  the  most  public  places  in  the  town- 
ship in  which  the  lands  arc  situated,  and  a  like  notice  at  the 
court  house  door  at  the  county  seat.  (R.  S.  1881,  §  4636  ;  R.  S. 
1894,  §  6135  ;  R.  S.  1897,  §  64i>5.) 

573.  Sale.     5.     The  place  of  sale  for  said  lands  shall  be  at 
the  court  house  in  each  county  of  this  State  in  which  the  said 
lands  may  be  situated;  and  it  shall  be  the  duty  of  the  County 
Auditor  to  attend  at  the  court  house  of  his  county  at  the  time 
mentioned  in  the  notice  of  the  sale  of  said  lands,  and  oifer  for 
sale  at  public  auction,  in  legal  subdivisions,  and  as  near  as  prac- 
ticable in  half-quarter  sections,  all  the  lands  lying  within  his 
county;  and,  for  that  purpose,  he  shall  continue  the  sale  from 
day  to  day,  until  all  of  the  said  lands  shall  have  been  offered  for 
sale.  (R.  S.  1881,  §  4637;  R,  S.  1894,  §  6136;  R.  S.  1897,  §  6426.) 

574.  Terms  of  sale.     6.    The  said  lands  shall  be  offered 
for  sale  at  the  time  and  place  mentioned  in  such  publication, 
and  struck  off  to  the  highest  bidder  by  said  County  Auditor 
and  County  Treasurer,  for  a  price  not  less  than  the  appraised 
value  thereof  —  one-fourth  of  the  purchase  money  to  be  paid  in 
hand,  and  the  remaining  three-fourths  at  the  expiration  of  ten 
years  from  the  date  of  such  sale,  with  interest  annually  in  ad- 
vance, at  the  rate  of  seven  per  cent,  per  annum,  upon  the  resi- 
due or  deferred  payment.     (R.S.1881,  §4638;  R.  S.  1894,  §  6137; 
R,  S.  1897,  §  6427.) 

575.  Private  entry.     7.     When  any  of  said  lands,  offered 
at  public  sale  as  aforesaid,  shall  remain  unsold,  they  shall  be 
subject  to  private  entry  with  the  County  Auditor  and  County 
Treasurer  of  each  county,  upon  the  same  terms  and  conditions 
as  lands  sold  at  public  auction,  for  a  sum  not  less  than  the  ap- 
praised value  thereof,  by  any  person  applying  to  enter  the  same. 
(R.  S.  1881,  §  4639;  R.  S.  1894,  §  6138;  R,  S.  1897,  §  6428.)' 

576.  Certificate  of  purchase.     8.    When  any  sale  shall  be 
effected,  either  at  public  or  private  sale  as  aforesaid,  the  County 
Auditor  shall  give  to  the  purchaser  thereof  a  certificate,  signed 
by  him  officially,  bearing  date  on  the  day  of  sale,  stating  therein 


348  SCHOOL    LAW   OF   INDIANA. 

the  name  of  the  purchaser,  the  tract  or  tracts  of  land  purchased 
by  him,  the  number  of  acres  contained  in  said  tract  or  tracts, 
the  price  per  acre,  and  the  whole  sum  for  which  the  same  was 
sold,  the  amount  of  principal  paid,  and  the  amount  of  interest 
paid  in  advance.  (R.  S.  1884,  §  4640 ;  R.  S.  1894,  §  6139 ;  R.  S. 
1897,  §  6429.) 

577.  Certificate   to   be   registered.    9.     Said    certificate 
shall  be  registered  by  the  County  Auditor  in  a  book  provided 
for  that   purpose,  by  entering   in  said  book   a   correct   copy 
thereof.     (R.  S.  1881,  §  4641;  R.  S.  1894,  §  6140;  R.  S.  1897, 
§  6430.) 

578.  Certificate  assignable.     10.     Said  certificates  of  en- 
try shall  be  evidence  of  title  to  the  land  therein  mentioned  in 
the  persons  in  whose  names  they  shall  issue,  or  their  assigns, 
and  shall  be  assignable,  provided  such  assignments  be  acknowl- 
edged before  the  Auditor  of  the  county  wherein  the  land  is  sit- 
uated (who  is  hereby  authorized   to   take   such   acknowledg- 
ments), and  recorded  by  said  Auditor  in  a  book  to  be  kept  by  him 
for  that  purpose ;  for  which  service  the  said  Auditor  shall  be  en- 
titled to  receive  a  fee  of  fifty  cents,  to  be  paid  by  the  assignor 
of  such  certificate.     (R.  S.  1881,  §  4642;  R.  S.  1894,  §  6141;  R. 
S.  1897,  §  6431.) 

579.  Forfeiture.     11.     On  failure  of  any  purchaser  to  pay 
any  installment  of  interest  on  said  deferred  payment  of  purchase 
money  when  the  same  becomes  due,  the  contract  shall  become 
forfeited  and  the  land  shall  immediately  revert  to  the  State  for 
the  use  of  said  university,  and  the  County  Auditor  shall  forth- 
with proceed  to  sell  the  same  in  the  manner  and  on  the  terms 
hereinbefore  specified  for  said  public  sales.     (R.  S.  1881,  §  4643; 
R.  S.  1894,  §  6142 ;  R.  S.  1897,  §  6432.) 

580.  Surplus.     12.     If,  on  such  subsequent  sale,  such  lands 
shall  produce  more  than  is  sufficient  to  pay  the  sum  owing  there- 
for, with  interest  and  costs  and  five  per  cent,  damages  upon  the 
amount  due  on  such  lands,  the  surplus  shall,  when  collected,  be 
paid  over  to  the  purchaser  so  forfeiting  or  his  legal  representa- 
tive.    (R.  S.  1881,  §  4644 ;  R.  S.  1894,  §  6143 ;  R.  S.  1897,  §  6433.) 

581.  Forfeiture,  how  prevented.     13.    At  any  time  before 
such  subsequent  sale,  payment  of  the  sum  due,  with  interest  for 


SCHOOL   LAW    OF    INDIANA.  349 

the  delay,  and  all  costs,  together  with  two  per  cent,  damage*, 
upon  the  amount  due  on  such  lands,  shall  prevent  such  sale  aiid 
revive  the  original  contract.  (R.  S.  1881,  §4645;  R.  S.  1894, 
§6144;  R,  S.  1897,  §  6434.) 

582.  Land,  how  redeemed.    14.    The  former  owner  ot  any 
lands  sold  as  delinquent,  his  heirs,  executors  or  administrators, 
may,  at  any  time  within  one  year  after  such  resale,  redeem  the 
same  by  paying  to  the  purchaser,  his  heirs  or  assigns,  or  to  the 
County  Treasurer,  for  him  or  them,  the  amount  of  purchase 
money  paid  by  such  purchaser,  together  with  all  subsequent 
payments,  either  of  principal  or  interest,  which  such  purchaser, 
or  those  claiming  under  him,  may  have  made  thereon,  with  in- 
terest at  the  rate  of  ten  per  cent,  per  annum.    (R.  S.  1881,  §  4646 ; 
R.  S.  1894,  §  6145 ;  R.  S.  1897,  §  6435.) 

583.  Security.     15.     The  Board  of  Trustees  may  require 
security  from  the  purchaser  at  any  of  said  sales,  sufficient  to 
prevent  any  waste  being  committed  upon  the  lands  by  the  re- 
moval of  timber  therefrom,  or  otherwise.     (R.  S.  1881,  §4647; 
R.  S.  1894,  §  6146;  R.  S.  1897,  §  6436.) 

584.  Suit  for  waste.    16.    In  case  of  any  forfeiture  as  afore- 
said, the  purchaser  so  forfeiting  shall  be  liable  and  may  be  sued 
for  unnecessary  injury  or  waste  done  to  such  land,  and  damages 
to  double  the  amount  of  such  injury  or  waste  recovered  there- 
for— such  suit  to  be  begun  and  prosecuted  by  the  Auditor  of  the 
county  where  the  land  lies,  in  the  name  of  the  State  of  Indiana, 
for  the  use  of  the  said  university.     (R.  S.  1881,  §4648;  R.  S. 
1894,  §  6147 ;  R,  S.  1897,  §  6437.) 

585.  Patent,  on  full  payment.    17.    On  full  payment  being 
made  for  any  such  land  the  County  Auditor  shall  issue  to  the 
pin-chaser,  or  his  assignee,  a  final  certificate  therefor;  which, 
upon    presentation  to  the  Auditor  of  State,  shall  entitle  the 
owner  tliereof  to  a  patent  for  the  land  described  therein,  to  be 
issued  by  the  Governor  and  recorded  in  the  office  of  the  Secre- 
tary of 'state.     (R,  S.  1881,  §4649;  R.  S.  1894,  §6148;  R.  S. 
1897,  §  6438.) 

1.  By  an  act  of  1889  the  trustees  were  authorized  to  sell  certain  lands  in  Ring- 
gold  County,  !<>\va,  owned  by  the  university,  and  to  execute  a  deed  therefor.— 
Acts  1889,  p.  255. 


350  SCHOOL    LAW    OF    INDIANA. 

586.  Auditor's  report.  18.  The  County  Auditor  shall 
make,  on  the  first  Monday  of  each  month,  a  report  of  his  sales 
of  said  lands  to  the  secretary  of  the  Board  of  Trustees  and  to 
the  Auditor  of  State,  showing  the  date  of  sale,  the  description 
of  the  lands  sold  from  time  to  time,  the  number  of  acres,  the 
price  per  acre,  the  total  amount  each  tract  sold  for,  the  amount 
of  principal  paid  and  the  amount  of  interest  paid,  and  of  all 
forfeitures,  re-sales  and  redemptions  thereof.  (R.  S.  1881,  §4650 ; 
R.  S.  1894,  §  6149;  R.  S.  1897,  §6439.) 

587.  Treasurer's  report.     19.     The  County  Treasurer  shall 
make  a  report,  on  the  first  Monday  of  each  month,  to  the  treas- 
urer of  the  Board  of  Trustees  of  the  university  and  to  the  Treas- 
urer of  State,  of  all  moneys  received  by  him,  whether  principal 
or  interest,  on  account  of  such  lands ;  and  the  said  Board  of 
Trustees  shall  require  the  books  of  their  secretary  and  treasurer 
to  be  so  kept  as  to  exhibit  the  true  condition  of  the  accounts 
of  all  such  purchases  and  sales  of  the  said  lands.     (R.  S.  1881, 
§  4651 ;  R,  S.  1894,  §  6150 ;  R.  S.  1897,  §  6440.) 

588.  To  pay  money  to  State  Treasurer.    20.    The  County 

Treasurer  shall,  on  the  first  Monday  of  each  month,  pay  over 
to  the  Treasurer  of  State  all  sums  received  on  account  of  the 
principal  of  the  purchase  money  of  said  lands,  and  shall  pay  to 
the  treasurer  of  the  Board  of  Trustees  of  the  university  all 
sums  received  on  account  of  the  interest  upon  the  purchase 
money  of  the  said  lands.  (R.  S.  1881,  §4652;  R.  S.  1894, 
§  6151 ;  R.  S.  1897,  §  6441.) 

589.  Pay  of  Auditor  and  Treasurer.     21.    The  several 
County  Auditors  and  Treasurers  shall  receive  for  their  services 
the  same  compensation  which  may,  from  time  to  time,  be  al- 
lowed by  law  for  similar  services  in  relation  to  the  sale  of  com- 
mon school  lands,  which  shall  be  in  full  for  all  their  services 
required  by  this  act.     (R.  S.  1881,  §4653;  R,  S.  1894,  §6152; 
R.  S.  1897,  §  6442.) 

590.  Loans,     22.     The  Auditor  of  State  shall  loan  out  the 
said  principal  of  the  moneys  received  from  the  several  County 
Treasurers  on  account  of  said  sales,  in  the  same  manner,  and 
requiring  the  same  security,  as  other  portions  of  the  university 


SCHOOL    LAW    OF   INDIANA.  351 

fund  is  now  or  may  hereafter  be  required  by  law  to  be  loaned 
out,  and  shall  pay  over  to  the  treasurer  of  the  Board  of  Trustees 
the  interest  derived  from  said  principal,  as  a  part  of  the  income 
of  the  university.  The  said  Auditor  of  State  shall,  in  his  an- 
nual report  to  the  Legislature,  report  the  names  of  the  borrow- 
ers of  the  whole  of  the  university  fund,  the  amount  borrowed 
by  each,  and  the  total  amount  on  loan  at  the  date  thereof,  and 
the  amount  of  the  supended  debt,  if  any,  and  in  whose  name 
forfeited.  (R.  S.  1881,  §4654;  R.  S.  1894,  §6153;  R.  S.  1897, 
§  6443.) 

591.  Disposition  of  proceeds.    23.    Of  the  first  proceeds  of 
said  sum,  the  said  Board  of  Trustees  shall  be  entitled  to  receive 
an  amount  equal  to  the  amount  of  interest  belonging  to  the 
university  and  loaned  out  as  principal  by  the  Auditor  of  State, 
as  shown  by  the  report  of  that  officer  to  the  General  Assembly 
at  the  session  of  1851-2  ;  which  shall  be  paid  to  the  treasurer  of 
the  Board  of  Trustees  of  the  university,  and  be  applied,  under 
the  order  of  the  Board  of  Trustees,  to  the  discharge  of  the  debts 
growing  out  of  the  rebuilding  of  the  university,  and  to  the  pur- 
chase of  a  suitable  library,  philosophical  apparatus  therefor,  or 
proper  furniture,  in  plaoe  of  those  destroyed  by  the  burning  of 
the  university.     (R.  S.  1881,  §  4655;  11.  S.  1894,  §  6154;  R.  S. 
1897,  §  6444.) 

592.  Report  of  sales.     24.     The  Board  of  Trustees  shall, 
in  their  annual  report,  include  a  full  statement  of  the  amount 
of  the  sales  of  such  lands,  and  the  application  of  -the  funds 
received  therefor,  as  reported  to  them,  from  time  to  time.    (11.  S. 
1881,  §  4656;  II.  S.  1894,  §  6155;  R.  S.  1897,  §  6445.) 

593.  One  Trustee  to  attend  sales.     25.     One  member  of 
the  Board  of  Trustees,  to  be  designated  by  the  board,  shall  attend 
to  the  public  sales  of  the  said  lands,  to  prevent  combinations 
injurious  to  the  interests  of  the  university;  and  he  shall  have 
power  to  withdraw  the  said  lands,  or  any  portion  thereof,  from 
sale,  when,  in  his  judgment,  the  interests  of  the  university  would 
be  thereby  promoted,  and  shall  have  the  power  and  right  to 
designate  and  determine  in  what  subdivisions  any  of  the  said 
lands  may  be  .sold,  at  the  time  of  said  public  sale,  for  the  best 


352  SCHOOL  LAW  OP  INDIANA. 

interests  of  the  said  university.     (R.  S.  1881,  §  4657 ;  R,  S.  1894, 
§  6156 ;  E.  S.  1897,  §  6446.) 

594.  No  member  to  deal  in  the  lands.    26.    No  member 
of  the  Board  of  Trustees  of  the  university  shall,  either  directly 
or  indirectly,  become  the  purchaser  of  any  such-  lands  at  any 
sale  made  by  the  County  Auditor,  or  by  private  entry  with  the 
Auditor,  after  any  forfeiture  of  purchase ;  and  any  sale  made  to 
any  member  of  the  said  board,  contrary  to  the  provisions  of  this 
section,  shall  be  absolutely  void,  and  the  purchase-money,  and 
interest  which  may  have  been  paid  thereon,  shall  be  forfeited  to 
the  university  fund.     (R.  S.  1881,  §  4658;  R.  S.  1894,  §  6157; 
R.  S.  1897,  §  6447.) 

595.  Trustees  to  get  information.    27.    The  commissioners 
of  the  university  lands  in  Gibson  and  Monroe  counties,  and  the 
several  County  Auditors  and  Treasurers  of  the  counties  in  which 
any  of  the  university  lands  are  situated  shall  furnish  such  in- 
formation in  relation  to  the  lands  and  other  property  of  the 
university,  as  may,  from  time  to  time,  be  required  of  them  by 
the  said   Board  of   Trustees,  and   shall  report,  annually,  the 
amount  of  unpaid  purchase-money  due  on  the  lands  sold  for 
the  use  of  the  said  university,  in  each  of  their  counties.     (R.  S. 
1881,  §  4659;  R.  S.  1894,  §  6158;  R.  S.  1897,  §  6448.) 

[1897,  p.  117.    Approved  March  2, 1897.    In  force  April  14, 1897.] 

596.  State  Treasurer  collects  loan.     1.    The  Treasurer  of 
State  shall  proceed  at  once  to  collect  all  outstanding  loans  be- 
longing to  the  permanent  endowment  fund  of  the  State  Univer- 
sity, located    at  Bloomington,  which   may  be  due,  and   shall 
collect  all  other  loans  belonging  to  said  fund,  as  fast  as  they 
become  due,  which  money,  together  with  all  other  moneys  that 
come  into  the  .hands  of  said  Treasurer,  belonging  to  said  fund, 
shall  be  immediately  apportioned  by  the  Auditor  of  State  pro 
rata  among  the  several  counties  in  this   State,  according-  to 
population,  as  ascertained  by  the  enumeration  taken  and  made 
in  the  year  1895,  for  legislative  apportionment,  and  that  the 
Treasurer  of  State,  immediately  thereafter,  pay  the  same  to  the 
several   County  Treasurers,  according  to  said  apportionment 
made  by  the  said  Auditor  of  State,  and  take  their  receipts 


SCHOOL    LAW  "OF    INDIANA.  353 

therefor ;  and  semi-annually,  on  the  first  day  of  May  and  No- 
vember of  each  year,  the  said  Auditor  of  State  shall  apportion 
the  amount  collected  during  the  preceding  six  months,  and  the 
Treasurer  of  State  shall  pay  the  same  to  the  respective  County 
Treasurers  as  above  provided.  (R,  S.  1897,  §  6381.) 

597.  County  Auditors  loan.     2.     The  said  moneys  so  dis- 
tributed and  paid  to  said  counties,  as  provided  by  section  one 
(1)  of  this  act,  shall  be  loaned  by  the  Auditors  of  the  respective 
counties  in  the  same  manner  and  on  the  same  terms  and  condi- 
tions and  under  the  same  restrictions,  subject  to  the  same  limi- 
tations, and  said  loans  shall  be  again  collected  from  the  bor- 
rower, as  the  Common  School  Funds  are  now  loaned  and  col- 
lected.    And  the  said  several  counties  shall  be  liable  in  the 
same  manner  and  to  the  same  extent,  for  the  principal  and 
interest  of  said  fund,  and  for  the  payment  of  the  same,  as  they 
are  now  liable  for  the  payment  of  the  interest  and  principal  of 
the  Common  School  Funds.     (R,  S.  1897,  §  6382.) 

598.  Auditor  of  State  can  not  loan.    3.    The  Auditor  of 
State  is  hereby  prohibited  from  making  any  further  loans  from 
said  fund,  and  all  money  in  his  hands  belonging  thereto  shall 
be  by  the  Auditor  of  State  apportioned,  and  by  the  Treasurer 
of  State  paid  to  the  several  counties,  where  apportionment  is 
made  as  provided  in  section  one  (1)  of  this  act.     (R.  S.  1897, 
§  6383.) 

599.  Counties  pay  interest.     4.    The  several  counties  of 
this  State  shall  pay  the  interest  on  said  fund  to  the  Treasurer 
of  State  at  the  same  time  and  in  the  same  manner  as  interest  is 
now  paid  on  the  School  Fund,  and  said  Treasurer  of  State  shall 
at  once  pay  the  same  to  the  Trustees  of  the  Indiana  University, 
and  take  proper  receipts  therefor.     (R,  S.  1897,  §  6384.) 

1.  DONATION.     An  act  of  1897  permits  donations  by  any  county,  city,  town  or 
township  to  any  State  university  situated  within  it,  not  exceeding  $25,000  for  the 
county  or  city,  and  $10,000  for  the  township  or  town.     Bonds  of  the  county,  town- 
ship, city  or  town  may  be  issued  for  that  purpose,  and  a  tax  levied  to  pay  them. 
—Acts  1897,  p.  42. 

2.  SALE  OF  OLD  UNIVERSITY  SITE.     By  an  act  of  1897  the  Trustees  of  Indiana 
University  Avere  empowered  to  sell  certain  land  in  the  city  of  Bloomington,  or 
plat  and  sell  it,   once  the  site  of  the  University  buildings,  known  as  "Seminary 
Square."— Acts  1897,  p.  88. 

23— Sen.  LAW. 


354 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXV. 


PURDUE  UNIVERSITY. 


SEC. 

600.  Agricultural  college  scrip. 

601.  The  first  Trustees,  and  original  name. 

602.  Sale  and  investment  of  scrip. 

603.  Donations  accepted. 

604.  Location. 

605.  Purdue  University— Permanent  name. 

606.  Corporate  name— Powers  and  duties  of 

Trustees. 

607.  Dedication  of  street. 

608.  Power  to  dedicate. 

609.  Privileges  of  John  Purdue. 

610.  Amendment  or  repeal. 

611.  Appointment  of  Trustees. 


SEC. 

612.  Term  of  office. 

613.  Vacancies,  how  filled. 

614.  Officers — Treasurer's  bond  and  duties. 
615.'  County  students. 

616.  Students. 

617.  Investment  of  fund. 

618.  Gift  to   establish   Institute    of  Tech- 

nology. 

619.  Farmers'  Institutes. 

620.  Time  and  place  of  holding  institutes. 

621.  Appropriation. 

622.  Acceptance  of  United  States  grant. 


[1865,  p.  106.    Approved  and  in  force  March  6, 1865.] 

600.  Agricultural  college  scrip.    1.    The  State  of  Indiana 
accepts  and  claims  the  benefits  of  the  provisions  of  the  acts  of 
Congress,  approved  July  2, 1862,  and  April  14, 1864,  and  assents 
to  all  the  conditions  and  provisions  in  said  acts  contained.    II.  S. 
1881,  §  4662 ;  R.  S.  1894,  §  6167 ;  R.  S.  1897,  §  6455.) 

1.  CONGRESSIONAL  LEGISLATION.  The  acts  of  Congress  referred  to  in  this 
section  will  be  found  in  the  acts  of  1865  (p.  106),  set  out  at  length  in  the 
preample. 

601.  The  first  Trustees,   and  original  name.    2.    The 

Governor  of  this  State,  for  the  time  being,  and  Alfred  Pollard 
of  Gibson,  Smith  Vawter  of  Jennings,  Henry  Taylor  of  Tippe- 
canoe,  and  Lewis  Burk  of  Wayne,  and  their  successors,  are 
created  a  body  corporate,  under  the  name  of  "The  Trustees  of 
the  Indiana  Agricultural  College."  (II,  S.  1881,  §  4663;  II.  S. 
1897,  §  6168;  R.  S.  1897,  §  6456.) 

602.  Sale  and  investment  of  scrip.     5.    Said  Trustees 
shall,  by  the  hand  of  their  treasurer,  claim  and  receive  from 
the  Secretary  of  the  Interior  the  land  scrip  to  which  this  State 
is  entitled  by  the  provisions  of  said   acts  of  Congress;   and, 
under  their  direction,  said   treasurer  shall   sell   the   same,  in 
such  manner  and  at  such  times  as  shall  be  most  advantageous 


SCHOOL   LAW   OF   INDIANA.  355 

to  the  State,  and  shall  invest  the  proceeds  thereof,  and  any  in- 
terest that  may  accrue  thereon,  in  the  stocks  of  the  United 
States,  or  of  this  State,  yielding  not  less  than  five  per  centum 
per  annum,  upon  the  par  value  of  the  stocks ;  and  said  princi- 
pal and  interest  shall  continue  to  be  so  invested,  until  further 
provision  shall  be  made  by  the  General  Assembly  of  this  State 
for  fulfilling  the  requirements  of  said  acts  of  Congress.  (R.  S. 
1881,  §  4664;  R.  S.  1894,  §  6169 ;  R.  S.  1897,  §  6457.) 

[1869  S.,  p.  24.    Approved  and  in  force  May  6, 1869.] 

603.  Donations  accepted.     1.     The  donation   offered  by 
John  Purdue,  as  set  forth  and  communicated  to  the  present 
General  Assembly  in  the  message  of  the  Governor,  on  the  six- 
teenth day  of  April,  1869,  and  the  donations  offered  by  the 
county  of  Tippecanoe,  the  trustees  of  the  Battle-Ground  Insti- 
tute, and  the  trustees  of  the  Battle-Ground  Institute  of  the 
Meftiodist  Episcopal  Church,  as  set  forth  and  communicated  to 
the  General  Assembly,  at  its  last  session,  in  the  message  of  the 
Governor,   of  the  twenty-seventh   day   of  January,  1869,  are 
hereby  accepted  by  the  State  of  Indiana.     (R.  S.  1881,  §  4665 ; 
R.  S.  1894,  §  6170;  R,  S.  1897,  §  6458.) 

1.     The  appropriation  made  by  Tippecanoe  County  in  1869  was  rendered  valid 
by  this  section.     Marks  v.  Trustees,  etc.,  37  Ind.  155. 

604.  Location.     2.     The  college  contemplated  and  provided 
by  the  act  of  Congress,  approved  July  2,  1862,  entitled  "An  act 
donating  public  lands  to  the  several  States  and  Territories  which 
may  provide  colleges  for  the  benefit  of  agriculture  and  the  me- 
chanic arts,"  is  hereby  located  in  Tippecanoe  County,  at  such 
point  as  may  be  determined  before  the  first  day  of  January, 
1870,  by  a  majority  vote  of  the  trustees  of  the  Indiana  Agri- 
cultural College ;  and  the  faith  of  the  State  is  hereby  pledged 
that  the  location  so  made  shall  be  permanent.     (R.  S.  1881, 
§  4666;  R.  S.  1894,  §  6171;  R.  S.  1897,  §  6459.) 

605.  Purdue  University— Permanent  name,     3.    In  con- 
sideration of  said  donation  by  John  Purdue,  amounting  to  one 
hundred  and  fifty  thousand  dollars,  and  of  the  further  donation 
of  one  hundred  acres  of  land  appurtenant  to  the  institution, 


356  SCHOOL    LAW    OF    INDIANA. 

and  on  condition  that  the  same  be  made  effectual,  the  said  in- 
stitution, from  and  after  the  date  of  its  location  as  aforesaid, 
shall  have  the  name  and  style  of  "  Purdue  University ; "  and  the 
faith  of  the  State  is  herehy  pledged  that  said  name  and  style 
shall  be  the  permanent  designation  of  said  institution,  without 
addition  thereto  or  modification  thereof.  (R.  S.  1881,  §  4667; 
B.  S.  1894,  §  6172 ;  R.  S.  1897,  §  6460.) 

606,  Corporate  name— Powers  and  duties  of  Trustees. 

4.  From  and  after  the  date  of  the  location  made  as  aforesaid,  the 
corporate  name  of  the  Trustees  of  the  Indiana  Agricultural  Col- 
lege shall  be  "  The  Trustees  of  Purdue  University  " ;  and  they 
shall  take  in  charge,  have,  hold,  possess,  and  manage,  all  and  sin- 
gular, the  property  and  moneys  comprehended  in  said  donations, 
as  also  the  fund  derived  from  the  sale  of  the  land  scrip  donated 
under  said  acts  of  Congress,  and  the  increase  thereof,  and  all 
moneys  or  other  property  which  may  hereafter  at  any  time  be 
donated  to  and  for  the  use  of  said  institution.  They  shall  also 
have  power  to  organize  said  University  in  conformity  with  the 
purposes  set  forth  in  said  acts  of  Congress,  holding  their  meet- 
ings at  such  times  and  places  as  they  may  agree  on,  a  majority 
of  their  number  constituting  a  quorum.  They  shall  provide  a 
seal ;  have  power  to  elect  all  professors  and  teachers,  removable 
at  their  pleasure ;  fix  and  regulate  compensations ;  do  all  acts 
necessary  and  expedient  to  put  and  keep  said  university  in  oper- 
ation ;  and  make  all  by-laws,  rules,  and  regulations  required  or 
proper  to  conduct  and  manage  the  same.  (R.  S.  1881,  §4668; 
R.  S.  1894,  §  6173;  R.  S.  1897,  §  6461.) 

1.  STUDENTS  MUST  SUBMIT  TO  RULES.     A  student  is  required  to  submit  to 
any  proper  rule  necessary  for  the  good  government  of  the  institution. — State  v. 
White,  82  Ind.  278. 

2.  QUALIFICATIONS  FOR  ADMISSION.     The  faculty  can  not  make  membership 
of  a  Greek-letter  fraternity  or  other  college  secret  society  a  disqualification  for 
admission. — State  v.  White,  82  Ind.  278. 

3.  RACE  OB  COLOR.     Students  can  not  be   expelled   on   account  of  race  or 
color. — Corey  v.  Carter,  48  Ind.  327. 

[1893,  p.  36.    Approved  and  in  force  February  17, 1893.] 

607.  Dedication  of  street.     1.    The  Trustees  of  Purdue 
University  are  herehy  empowered  to  dedicate  for  a  public  street, 
adjoining  the  town  of  West  Lafayette,  Indiana,  a  strip  of  land 


SCHOOL   LAW   OF    INDIANA.  357 

thirty  feet  in  width,  and  described  as  follows :  beginning  at  the 
southeast  corner  of  the  lands  owned  by  said  university,  and  run- 
ning thence  north  along  the  east  side  of  said  university  lands  to 
the  State  road,  a  distance  of  about  thirteen  hundred  and  fifty 
feet.  R.  S.  1894,  §  6183 ;  R,  S.  1897,  §  6472.) 

608.  Power  to  dedicate.     2.    That  the  Trustees  of  Pur- 
due University  are  hereby  empowered  to  dedicate  for  public 
streets  such   strips  of  lands   extending  through  or  along  the 
grounds  owned  by  said  university  as  they  may  deem  for  the  best 
interest  of  said  university.     (R.   S.  1894,  §6184;  R.  S.  1897, 
§  6473.) 

[1869,  S.,  p.  24.    Approved  and  in  force  May  6, 1869.1 

609.  Privileges  of  John  Purdue.    5.    In  further  considera- 
tion of  his  said  donation,  John  Purdue  shall,  from  and  after  the 
taking  effect  of  this  act,  be  added  as  a  member  of  said  trustees 
of  the  Indiana  Agricultural  College,  and  he  shall  also  be  a  mem- 
ber of  said  trustees  of  Purdue  University.     Should  he,  at  any 
time,  cease  to  be  such  member,  he  shall  be  continued  as  an  advis- 
ory member  of  said  trustees ;  and  he  shall,  during  his  lifetime, 
have  visitorial  power,  for  the  purpose  of  inspecting  the  property, 
real  and  personal,  of  said  university,  recommending  to  the  trus- 
tees such  measures  as  he  may  deem  necessary  for  the  good  of 
the  university,  and  investigating  the  financial  concerns  of  the 
corporation.     And  he  is  authorized  to  make  report  of  his  exam- 
ination, inspection,  and  inquiries,  to  the  General  Assembly,  at 
any  session   thereof.     (R.  S.  1881,  §4669;  R.  S.  1894,  §6174; 
R.  S.  1897,  §  6462.) 

610.  Amendment  or  repeal.     6.    This  act  shall  be  subject 
to  future  amendment  or  repeal,  except  so  far  as  it  provides  for 
the  acceptance  of  donations,  the  location  of  the  college,  the 
name  and  style  thereof,  and  the  rights  and  privileges  conferred 
upon  John  Purdue.     (R.  S.  1881,  §  4670;  R.  S.  1894,  §  6175; 
R.  S.  1897,  §  6463.) 

[1875,  p.  120.    Approved  March  9, 1875,  and  in  force  August  24, 1875.] 

611.  Appointment  of  Trustees.    1.    Upon  the  taking  effect 
of  this  act,  it  shall  be  the  duty  of  the  Governor  of  this  State  to 
appoint  six  trustees  for  the  Purdue  University,  two  of  whom 


358  SCHOOL    LAW    OF   INDIANA. 

shall  be  nominated  by  the  State  Board  of  Agriculture,  one  by 
the  State  Board  of  Horticulture,  and  three  selected  by  the  Gov- 
ernor himself — each  of  said  trustees  to  be  appointed  from  n 
different  congressional  district  from  the  others,  except  that  two 
may  be  appointed  from  the  same  congressional  district  in  which 
said  university  is  situate.  (R.  S.  1881^§  4671 ;  R.  S.  1894,  §  6176 ; 
R.  S.  1897,  §  6464.) 

612.  Term  of  office.     2.     The  persons  so  appointed  shall 
constitute  the  Board  of  Trustees  of  said  university,  and  shall  hold 
their  offices  as  follows :     Two  members  of  the  first  board  shall 
hold  their  offices  for  one  year  and  until  their  successors  are 
appointed ;  two  for  two  years,  and  two  for  three  years ;  and  at 
the  expiration  of  the  term  of  office  of  any  of  the  members  of  the 
first  or  any  subsequent  board,  their  successors  shall  be  appointed 
in  like  manner,  and  with  like  nomination,  as  provided  in  this 
act,  to  hold  their  offices  for  the  term  of  three  years,  and  until 
their  successors  are  appointed.     (R.  S.  1881,  §  4672  ;  R.  S.  1894, 
§6177;  R.  S.  1897,  §  6465.) 

613.  Vacancies,   how  filled.     3.    If,  from  any  cause,  a 
vacancy  occur  in  said  board,  the  same  shall  be  filled,  by  appoint- 
ment, to  fill  the  unexpired  term,  the  person  appointed  to  fill 
such  vacancy  being  nominated  and  appointed,  or  appointed,  in 
the  same  manner  as  his  predecessor  had  been  at  the  commence- 
ment of  such  term.     (R.  S.  1881,  §  4673;  R.  S.  1894,  §  6178; 
R.  S.  1897,  §  6466.) 

[1891,  p.  34.    Approved  and  in  force  February  26, 1891.] 

614.  Officers — Treasurers'  bond  and  duties.     4.     Said 
trustees  shall,  at  their  first  meeting  after  their  appointment,  and 
every  two  years  thereafter,  choose  a  president  of  said  board ; 
and  they  shall,  at  such  meeting,  and  every  two  years  thereafter, 
and  whenever  a  vacancy  occurs,  elect,  by  ballot,  a  secretary  and 
treasurer,  neither  of  whom  shall  be  a  member  of  the  board 
whose  compensation  shall  be  fixed  by  the  trustees.     The  said 
treasurer  shall  give  such  bond  to  the  State  of  Indiana  in  any 
sum  not  less  than  fifty  thousand  dollars  for  the  faithful  execu- 
tion of  his  trust,  with  sufficient  sureties  as  said  trustees  may  re- 
quire ;  and  he  shall  receive,  take  charge  of,  and,  under  the  di- 
rection  of   said   trustees,  manage  all  [the]  stocks   and   funds 


SCHOOL    LAW    OF    INDIANA.  359 

belonging  to  said  university.     (R.  S.  1881,  §  4674;  R.  S.  1894; 
§  6179;  R.  S.  1897,  6467.) 

11877,  S.  p.  60.    Approved  and  in  force  March  12, 1877.] 

615.  County  students.     1.     The  Board  of  Commissioners 
of  each  county  in  this  State  may  appoint,  in  such  manner  as  it 
may  choose,  two  students,  or  scholars,  to  Purdue  University, 
who  shall  be  entitled  to  enter,  remain,  and  receive  instruction  in 
the  same, upon  the  same  conditions,  qualifications  and  regulations 
prescribed  for  other  applicants  for  admission  to,  or  scholars  in, 
said  university :     Provided,  however,  That  every  student  admitted 
to  said  university  by  appointment,  by  virtue  of  this  act,  shall  in 
nowise  be  chargeable  for  room,  light,  heat,  water,  tuition,  jani- 
tor or  matriculation  fees ;  and  said  student  shall  be  entitled,  in 
the  order  of  admittance,  to  any  room  in  the  university  then 
vacant  and  designed  for  the  habitation  or  occupancy  of  a  stu- 
dent; and  such  student  so  admitted  shall  have  prior  right  to 
any  such  room,  subject  to  the  rules  of  the  university,  over  any 
student  not  appointed  and  admitted  as  aforesaid,     (R.  S.  1884, 
§  4675 ;  R.  S.  1894,  §  6180 ;  R.  S.  1897,  §  6468.) 

616.  Students.     2.     No  more  than  two  students  at  the  same 
time  from  any  one  county  shall  be  entitled  to  admittance  to 
said  university,  under  the  provisions  of  this  act.     But  the  Board 
of  Commissioners  of  each  county  may,  from  time  to  time,  ap- 
point as  aforesaid,  to  any  vacancy  in  its  appointments.     (R.  S. 
1881,  §  4676;  R.  S.  1894,  §6181;  R.  S.  1897,  §  6469.) 

[1881  S.,  p.  585.    Approved  and  in  force  April  14, 1881.] 

617.  Investment   of  fund.     1.    The  trustees  of  Purdue 
University,  by  their  treasurer,  are  hereby  authorized,  on  or  after 
the  first  day  of  April,  1881,  to  surrender  to  the  Treasurer  of 
State  the  bond  executed  to  said  university  by  the  State  of  In- 
diana, bearing  date  April  1, 1878,  and  payable,  in  the  sum  of 
two  hundred  thousand  dollars,  on  April  1,  1881;  and  a  like 
bond  executed  by  the  State  to  said  university,  dated  April  1, 
1879,  and  payable,  in  the  sum  of  one  hundred  and  twenty-five 
thousand  dollars,  on  April  1,  1884;  and  also  to  pay,  out  of  the 
proceeds  of  the  United  States  five  per  cent,  bonds  now  held  by 
said  university  (which  said  trustees  are  hereby  empowered  to 


360  SCHOOL    LAW    OF   INDIANA. 

sell),  the  sum  of  fifteen  thousand  dollars  to  said  Treasurer  of 
State ;  who,  thereupon,  is  hereby  directed  to  issue  and  deliver 
to  said  treasurer  of  Purdue  University  a  non-negotiable  bond 
of  the  State  of  Indiana,  to  be  signed  by  the  Governor  and  State 
Treasurer,  and  attested  by  the  Secretary  of  State  and  the  State 
seal  (the  same  to  be  dated  April  1,  1881,  and  payable,  twenty 
years  after  its  date,  to  the  trustees  of  Purdue  University  and 
their  successors,  with  interest  at  the  rate  of  five  per  cent,  per 
annum,  payable  quarterly  after  date  of  the  bond),  all  for  the  use 
of  Purdue  University — said  bonds  surrendered,  and  fifteen  thou- 
sand dollars  paid,  constituting  the  endowment  fund  of  said  uni- 
versity derived  from  the  gift  of  the  United  States.  (R.  S.  1881, 
§  4677 ;  R,  S.  1894,  §  6182 ;  R.  S.  1897,  §  6470.) 

[1889,  p.  351.    Approved  and  in  force  March  9, 1889.] 

618.  Gift  to  establish  Institute  of  Technology.  1.  When- 
ever any  individual  or  individuals  shall  give,  donate  or  bequeath 
a  sum  of  money  or  other  valuable  property  for  the  purpose  of 
establishing  an  Institute  of  Technology  or  other  special  schools 
in  connection  with  Purdue  University  in  and  on  the  grounds 
of  said  university,  the  trustees  of  said  university  are  hereby 
authorized  and  empowered  to  accept  such  donation,  gift  or  be- 
quest for  and  on  behalf  of  the  State  of  Indiana  for  such  insti- 
tute on  such  terms  as  may  be  agreed  upon  by  and  between  such 
trustees  and  said  donor  or  donors  or  devisior  [devisor] ;  and  the 
said  trustees  are  hereby  authorized  to  establish,  maintain  and 
operate  such  an  institution  in  connection  with  Purdue  Univer- 
sity :  Provided,  That  such  Institute  of  Technology  shall  be 
freely  open  to  students  upon  the  same  terms  upon  which  Purdue 
University  is  open  to  students.  And,  provided,  That  nothing  in 
this  act  shall  enable  or  authorize  said  trustees  to  make  any  con- 
tract with  said  donor  or  donors  by  which  any  debts  shall  be 
created  beyond  or  above  current  legislative  appropriations  to 
the  university.  And,  provided  further,  That  the  terms  upon 
which  such  donations  are  received  and  accepted  shall  not  be 
effective  unless  the  same  are  endorsed  and  approved  by  the  Gov- 
ernor of  the  State  of  Indiana.  (R.  S.  1894,  §  6185;  R.  S.  1897, 
§  6471.) 


SCHOOL   LAW   OF   INDIANA.  •  361 

i),  p.  273.    Approved  March  9, 1889,  and  in  force  May  10, 1889.] 

619.  Fanners'  Institutes.     1.    It  is  hereby  made  th^  duty 
of  the  Committee  of  Experimental  Agriculture  and  Horticul- 
ture of  the  Board  of  Trustees,  together  with  the  faculty  of  the 
School  of  Agriculture  of  Purdue  University,  to  appoint,  before 
November  1st  of  each  year,  suitable  persons  to  hold  in  the  sev- 
eral counties  of  this  State,  between  the  1st  day  of  November 
and  the  1st  day  of  April  of  each  year,  county  institutes  for  the 
purpose  of  giving  to  farmers  and  others  interested  therein  in- 
struction in  agriculture,  horticulture,  agricultural  chemistry  and 
economic  entomology.  '  (R.  S.  1894,  §  2809 ;  R.  S.  1897,  §  2859.) 

620.  Time  and  place  of  holding  Institutes.    2.    Such  in- 
stitutes shall  be  held  at  such  times  and  places  as  said  committee 
and  faculty  may  determine,  and  under  such  rules,  regulations 
and  methods  of  instruction  as  they  may  prescribe :     Provided, 
however,  That  such  institutes  shall  be  so  conducted  as  to  give 
those  attending  the  results  of  the  latest  investigations  in  theo- 
retical and  practical  agriculture  and  horticulture.     (R.  S.  1894, 
§  2810  ;  R.  S.  1897,  §  2860.) 

621.  Appropriation.     3.     For  the  purpose  of  carrying  out 
the  provisions  of  this  act,  paying  the  salaries  of  instructors  and 
other  necessary  expenses,  the  sum  of  five  thousand  dollars  is 
hereby  appropriated,  to  be  expended  under  the  direction  of  the 
said  committee  of  said  Board  of  Trustees,  and  they  shall  an- 
nually report  such  expenditures  and  the  purposes  thereof  to  the 
Governor.     (R.  S.  1894,  §  2811 ;  R,  S.  1897,  §  2861.) 

1.     This  appropriation  is  repealed  after  the  July  apportionment  of  1896. 
[1891,  p.  483.    Approved  and  in  force  March  7, 1891.] 

622.  Acceptance  of  United  States  grant.     1.    Whereas, 
an  act  of  Congress,  approved  August  30, 1891,  entitled  an  act  to 
apply  a  portion  of  the  proceeds  of  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  established  unfler  the  pro- 
visions of  an  act  of  Congress,  approved  July  2,  1862,  provides, 
amon^  other  things,  that  the  grants  of  moneys,  authorized  by 
this  act,  are  made  subject  to  the  legislative  assent  of  the  several 
States  and  Territories  to  the  purpose  of  said  grants :     Provided, 


362 


SCHOOL    LAW    OF    INDIANA. 


That  the  payments  of  such  installments  of  the  appropriation 
herein  made,  as  shall  become  clue  to  any  State  before  the  ad- 
journment of  the  regular  session  of  the  Legislature  meeting 
next  after  the  passage -of  this  act,  shall  be  made  upon  the  assent 
of  the  Governor  thereof,  duly  certified  to  the  Secretary  of  the 
Treasury ;  therefore, 

Be  it  resolved  by  the  State  of  Indiana,  That  the  legislative  assent 
be,  and  the  same  is  hereby,  given  to  the  purpose  of  said  grant, 
and  Purdue  University  is  hereby  designated  as  the  agricultural 
college  entitled  to  the  said  grant. 


CHAPTER  XXVI. 

TAX  FOR  INDIANA  AND  PURDUE  UNIVERSITIES  AND  STATE 
NORMAL  SCHOOL. 


SEC. 

623.    Amount  of  tax— Division. 


SEC. 

624.    Repeal  of  General  appropriation— Per- 
manent fund  not  affected. 


[1895,  p.  171.    Approved  and  in  force  March  8, 1895.] 

623.  Amount  of  Tax — Division.  1.  There  shall  be  as- 
sessed and  levied  upon  the  taxable  property  of  the  State  of  In- 
diana, in  the  year  one  thousand,  eight  hundred  and  ninety-five 
(1895),  and  in  each  year  thereafter,  for  the  use  and  benefit  of 
the  Indiana  University,  Purdue  University,  and  the  Indiana 
State  Xormal  School,  to  be  apportioned  and  distributed  as  here- 
inafter in  this  act  provided,  a  tax  of  one-sixth  (J)  of  one  mill 
on  every  dollar  of  taxable  property  in  Indiana,  to  be  levied, 
assessed,  collected  and  paid  into  the  treasury  of  the  State  of 
Indiana  in  like  manner  as  other  State  taxes  are  levied,  assessed, 
collected  and  paid.  And  so  much  of  the  proceeds  of  said  levy 
as  may  be  in  the  State  Treasury  on  the  first  day  of  July  and 
the  first  day  of  January  of  each  year,  shall  be  immediately 
thereafter  rJaid  over  to  the  Boards  of  Trustees  of  the  respective 
institutions  for  which  the  tax  was  levied,  to  be  distributed  and 
apportioned  among  them  severally  upon  the  basis  as  follows, 
viz. :  To  the  said  Trustees  of  Indiana  University  upon  the 
basis -of  one-fifteenth  (1-15)  of  one 'mill;  to  the  Trustees  of 


SCHOOL    LAW    OF    INDIANA.  363 

Purdue  University  upon  the  basis  of  one-twentieth  (1-20)  of 
one  mill,  and  to  the  Trustees  of  the  Indiana  State  Normal 
School  upon  the  basis  of  one-twentieth  (1-20)  of  one  mill  on 
every  dollar  of  taxable  property  in  Indiana,  and  the  Auditor 
of  State  of  the  State  of  Indiana  is  hereby  directed  to  draw  a 
proper  warrant  therefor.  (R.  S.  1897,  §  6474.) 

624.  Repeal  of  General  Appropriation — Permanent  fund 
not  affected.  2.  All  moneys  due  said  institutions  respect- 
ively, in  accordance  with  any  State  law  heretofore  enacted,  or 
that  may  hereafter  be  enacted,  making  annual  appropriations 
thereto  for  maintenance,  shall  be  paid  to  the  respective  institu- 
tions for  the  fiscal  year  1895-6  and  not  thereafter.  It  being  the 
intent  that  the  moneys  appropriated  by  the  first  section  of  this 
act  shall  from  and  after  the  date  of  the  first  payment  thereof  be 
paid  in  lieu  of  the  moneys  described  in  this  section:  Provided, 
That  nothing  in  this  act  shall  affect  in  any  way  any  permanent 
fund  that  may  belong  to  or  may  have  been  appropriated  for 
either  the  Indiana  University  or  Purdue  University,  named  in 
this  act,  and  that  the  proceeds  of  this  tax  accruing  to  Indiana 
University  shall  be  used  for  maintenance.  And,  provided  fur- 
tin  r,  That  no  part  of  the  school  revenue  for  the  State  shall  be 
deducted  or  set  apart  to  the  formal  School  fund  after  the  July 
apportionment  for  the  year  one  thousand  eight  hundred  and 
ninety-six  (1896).  (R.  S.  1897,  §  6475.) 

1.  The  effect  of  the  two  preceding  sections  is  to  repeal  section  4556  E.  S.  1881, 
after  the  July  apportionment  of  1896 ;  and  to  repeal,  after  the  fiscal  year  1895-6, 
the  appropriation  of  two  thousand  dollars  provided  in  section  4558  K.  S.  1881. 

2.  These  sections  do  not  repeal  sections  596  and  599,  providing  for  an  endow- 
ment fund  for  the  State  University ;  but  it  does  repeal,  after  the  fiscal  year  1895-6, 
sections  4660  and  4661  K.  S.   1881,  making  annual  appropriation  for  the  Uni- 
versity. 


364 


SCHOOL    LAW    OF    INDIANA. 


CHAPTER  XXVII. 


STATE  LIBRAEY. 


SEC. 

625.  Management. 

626.  Election  of  Librarian. 

627.  Term  of  office. 
Bond  of  Librarian. 
Library  —  When  to  be  open. 
Removal  of  books  forbidden. 
Who  may  use  library. 

Use  not  transferable—  Penalty. 

Catalogue. 

Fines. 

Purchasing  Board  —  Appropriation. 

Laws  and  law  books. 


628. 
629. 
630. 
631. 
632. 
633. 
634. 
635. 
636. 


SEC. 

637.  Collection  and  binding  of  documents. 

638.  Preservation  of  laws  and  journals. 

639.  Legislative  papers. 

640.  Exchanges. 

641.  Embezzlement. 

642.  Missing  books. 

643.  Salaries. 

644.  Report. 

645.  Removal  of  Librarian  or  assistants. 

646.  Removing  of  books — Misdemeanor. 

647.  Injury  to  books — Penalty. 


[1895  p.  234.    Approved  March  11,  1895.    In  force  June  28,  1895.] 


625.  Management.     1.     The  management  and  control  of 
the  State  Library  shall  be  vested  in  the  State  Board  of  Educa- 
tion, which   shall   constitute,  for   library  purposes,   the   State 
Library  Board.     (R.  S.  1897,  §  8085.) 

626.  Election  of  Librarian.     2.     The  State  Library  Board 
shall  before  the  first  day  of  April  in  the  year  of  1897,  elect  a 
State  Librarian,  whose  term  of  office  shall  begin  April  1,  1897, 
and  who  shall  serve  until  his  successor  is  elected  by  the  said 
State  Library  Board.     (R.  S.  1897,  §  8086.) 

627.  Term  of  office.     3.    The  term  of  office  of  the  State 
Librarian  shall  be  two  years,  and  he  shall  appoint  his  assistants 
by  and  with  the  advice  and  consent  of  the  State  Library  Board. 
(R.  S.  1897,  §  8087.) 

628.  Bond  of  Librarian.     4.     The  Librarian  shall,  before 
entering  on  his  duties,  give  bond  and  security,  to  the  acceptance 
of  the  Secretary  of  State,  in  the  penal  sum  of  two  thousand 
dollars  ;  which  bond  shall  be  filed  in  the  office  of  the  Secretary 
of  State.     (R.  S.  1897,  §  8088.) 

629.  Library—  When  to  be  open.     5.    The  library  shall  be 
kept  open  every  day  (Sunday,  Fourth  of  July  and  other  legal 
holidays  excepted)  during  the  session  of  the  Legislature  from 


SCHOOL    LAW    OF    INDIANA.  365 

nine  o'clock  until  six,  and,  during  the  recess,  from  nine  o'clock 
until  four.     (R.  S.  1897,  §  8089.) 

630.  Removal  of  books  forbidden.     6.     The  State  Libra- 
rian shall  not  permit  any  book,  magazine,  or  work  of  any  kind, 
to  be  taken  from  the  library  rooms,  except  temporarily,  by  the 
Judges  of  the  Supreme  Court  of  the  State  of  Indiana,  of  the 
Uiiited  States  Court,  officers  of  the  State,  members  and  officers 
of  the  General  Assembly,  when  required  in  the  discharge  of 
their  official  duties.    But  in  no  case  shall  any  such  book,  maga- 
zine or  work,  be  taken  outside  of  the  Capitol  building.     (R.  S. 
1897,  §  8090.) 

631.  Who  may  use  library.     7.    Said  library  shall  be  for 
the  use  of  the  members  and  officers  of  the  Legislature,  all  State 
officers,  judges  of  the  courts  of  the  United  States  and  of  this 
State,  attorneys,  editors,  clergymen,  physicians,  professors,  and 
teachers  in  literary  or  scientific  institutions,  Superintendent  of 
Public  Instruction,  members  of  the  State  Board  of  Agriculture, 
officers  of  benevolent  institutions,  Clerk  of  the  Supreme  Court, 
County  Clerks,  Treasurers  and  Recorders,  and  all  other  persons 
who  have  been  at  any  time  entitled,  by  law,  to  the  use  of  such 
library,  and  such  strangers  as  the  Librarian  may  be  willing  to 
intrust  with  books  at  his  own  risk,  when  any  of  them  shall  be 
at  the  seat  of  government.     (R.  S.  1897,  §  8091.) 

632.  Use  not  transferable— Penalty    8.    It  shall  not  be 
lawful  for  any  one  having  the  use  of  the  library  to  cause  or  per- 
mit another  not  having  such  use  to  draw  books,  except  for  the 
use  of  the  persons  first  mentioned.     Any  person  so  offending 
shall  be  liable  to  a  penalty  of  five  dollars  for  each  offense.     (R. 
S.  1897,  §  8092.) 

633.  Catalogue.    9.    The  Librarian  shall  keep  proper  books, 
in  which  he  shall  make  entry  of  all  books  taken  out,  designat- 
ing the  names  of  the  individuals  taking  the  same ;  also,  of  books 
returned,  and  of  all  fines  and  penalties  assessed  and  collected 
under  the  provisions  of  this  act.     He  shall  also  keep  a  complete 
catalogue   of  the  library,  and   shall,  from   time  to  time,  add 
thereto  all  books  purchased,  and  erase  therefrom  all  books  lost 
or  destroyed.     (R,  S.  1897,  §  8093) 


SCHOOL    LAW    OF    INDIANA. 

634.  Fines.     10.     The  Librarian  shall  collect  all  fines  and 
forfeitures  accruing  to  the  State  Library,  by  suit  or  otherwise, 
and  pay  the  same  to  the  Treasurer  of  State,  taking  his  receipt, 
and  filing  the  same  in  the  office  of  the  Auditor  of  State,  who 
shall  charge  the  same  to  account  of  Treasurer  of  State,  for  the 
use  of  library.     (R.  S.  1897,  §  8094.) 

635.  Purchasing  Board — Appropriation.    11.    The  Strate 
Library  Board  shall  be,  and  is  hereby,  constituted  the  Purchas- 
ing Board  of  the  State  Library.     The  State  Librarian  shall  act 
as  secretary  of  said  Board  and  preserve  minutes  of  their  meet- 
ings and  their   official   actions.     Any  three  members  of  said 
Board  shall  constitute  a  quorum  for  the  transaction  of  business. 
It  shall  be  the  duty  of  said  Purchasing  Board  to  decide  what 
books,  maps,  charts  and  other  instruments  of  knowledge  shall 
be  purchased  for  said  library ;  to  supervise  and  direct  the  ex- 
penditure of  all  appropriations  for  the  purchase  and  binding 
of  books,  and  to  report  biennially  to  the  Legislature  the  condi- 
tion and  wants  of  the  library.     It  shall  not  be  lawful  for  the 
Librarian  to  make  any  purchase  of  books,  maps,  charts  or  any 
other  instruments  of  knowledge,  except  on  the  direction  of  said 
Purchasing  Board.     There  is  hereby  appropriated,  to  be  paid 
out  of  the  general  fund  of  the  State  Treasury,  the  sum  of  one 
thousand  dollars  annually,  to  be  expended  during  the  year  be- 
ginning April  1,  1895,  for  the  purchase  and  binding  of  books 
for  the  State  Library.     (R.  S.  1897,  §  8095.) 

636.  Laws  and  law  books.     1^.    All  laws  and  law  books 
and  all  legislative  journals  and  documents  shall  be  kept  sepa- 
rate from  the  rest  of  the  library.     (R.  S.  1897,  §  8096.) 

637.  Collection  and  binding  of  documents.     13.    The  Li- 
brarian shall  collect  annually  and  preserve  duplicate  copies  of 
the  messages  of  the  President  of  the  United  States  and  of  the 
Governors  of  the  States ;  report  of  heads  of  departments  of  the 
general  and  State  governments,  of  the  committee  of  ways  and 
means  of  the  several  States,  and  of  the  committees  of  Congress 
on  general  subjects ;  also  copies  of  the  reports  and  proceedings 
of  public  societies  for  the  promotion  of  agriculture,  the  mechanic 
arts,  history  and  literature,  all  of  which  may  be  bound.     (R.  S. 
1897,  §  8097.) 


SCHOOL   LAW    OF    INDIANA.  367 

638.  Preservation  of  laws  and  journals.    14.    The, Li- 
brarian shall  select  from  the  journals  and  laws  belonging  to  the 
State  twenty  copies  of  the  journals  of  the  House  for  each  year, 
ten  copies  of  the  journals  of  the  Senate,  ten  copies  of  the  doc- 
umentary journals,  thirty  copies  of  the  general  laws  and  fifteen 
copies  of  the  local  laws  for  each  year,  and  keep  the  same  for 
use  in  the  library;  and  shall  carefully  preserve,  in  books  or 
otherwise,   all   remaining   copies   of  the    same.     (R.   S.   18$7, 
§  8098.) 

639.  Legislative  papers.     15.    The  Librarian  shall  have 
charge  of  the  legislative  papers,  which   shall  be  delivered  to 
him  at  the  close  of  each  session,  by  the  Secretary  of  the  Senate 
and  the  Clerk  of  the  House,  and  shall  keep  in  good  order  all 
bills  introduced  in  either  branch  of  the  General  Assembly,  all 
petitions,  memorials  and  remonstrances,  each  in  its  appropriate 
files,  keeping  the  files  of  each  house  separately.     (R.  S.  1897, 
§8099.) 

640.  Exchanges.     16.     The  Librarian  may  exchange,  for 
the  benefit  of  the  State  Library,  any  duplicate,  imperfect,  dam- 
aged or  other  work  not  wanted  for  use  in  the  library.     The  li- 
brarian may  also,  with  the  consent  of  the  State  Library  Board, 
sell   such   works   for  the   benefit   of  the  State  Library.     The 
Librarian  shall  keep  an  accurate  account  of  all  exchanges  and 
sales,  stating  what  books  have  been  parted  with  and  what  re- 
ceived, what  sold  and  for  what  price,  and  report  the  same  to 
the  Legislature  at  each  session.     He  shall  be  charged  and  ac- 
count for  all  books  received  in  exchange  and  all  moneys  re- 
ceived for  sales.     (R.  S.  1897,  §  8100.) 

641.  Embezzlement.     IT.     If  the  Librarian   shall    appro- 
priate to  his  own  use  or  dispose  of  any  of  the  books  in  the  law 
or  any  other  department  of  the  State  Library,  or  the  proceeds 
of  any  exchanges  or  sales  of  books,  or  knowingly  make  any 
false  reports  thereof,  contrary  to  the  provisions  of  this  act  or 
the  act  to  which  it  is  an  amendment,  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  fined  not  less  than  five  nor  more  than 
one  thousand  dollars,  and  shall  forfeit  and  be  deprived  of  his 
ofiice.     (R.  S.  1897,  §  8101.) 


368  SCHOOL    LAW    OF    INDIANA. 

642.  Missing  books.     18.     It  shall  be  the  duty  of  the  li- 
brarian, in  his  annual  report,  to  report  the  names  of  those  who 
have  obtained  books  from  the  library  during  the  current  year 
and  have  not  returned  them,  and  also  the  titles  of  the  works 
not  returned.     (R,  8.  1897,  §  8102.) 

643.  Salaries.     19.    The  salary  of  the  State  Librarian  shall 
be  fifteen  hundred  dollars  per  year.     He  shall  appoint  two  as- 
sistants ;  the  salary  of  the  first  assistant  shall  be  eleven  hundred 
dollars  per  year,  and  the  salary  of  the  second  assistant  shall  be 
nine  hundred  dollars  per  year,  and  one  janitor,  whose  salary 
shall  not  exceed  six  hundred  dollars.     (R.  S.  1897,  §  8103.) 

644.  Report.     20.     The  Librarian  shall  report,  at  each  ses- 
sion  of  the   Legislature,  the  condition  of  the  library,  and  a 
statement,  by  items,  of  expenditures  made  under  this  act.     (R. 
S.  1897,  §  8104.) 

645.  Removal  of  Librarian  or  assistants.    21.    The  State 
Library  Board  shall  have  the  power  to  remove,  for  cause,  at  any 
time,  the  State   Librarian  or  any  assistant  employed   in  the 
library   or   any   assistant   employed   in  the   Librarian's  oifice. 
(R.  S.  1897,  §  8105.) 

646.  Removing  books— Misdemeanor.    22.    Any  person 
guilty  of  a  violation  of  the  provisions  of  the  preceding  sections 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof,  be  fined  in  the  sum  of  twenty-five  dollars.     (R. 
S.  1897,  §  8106.) 

647.  Injury  to  books— Penalty.    23.    Any  person  injuring 
a  book  shall  be  liable  for  three-fold  damage ;  and  if  the  book 
injured  or  lost  be  one  volume  of  a  set  he  shall  be  liable  for  the 
whole  set,  but  on  paying  for  the  same  he  may  take  the  broken 

set.     (R.  S.  1897,  §  8107.) 

1.     NOTE.     For  traveling  libraries  see  Sections  270  to  280. 


APPENDIX. 

CONSTITUTION  OF  THE  STATE  OF  INDIANA. 

1851. 


HISTORICAL  SKETCH. 


By  an  act  of  Congress,  dated  April  19, 1816,  the  inhabitants 
of  the  Territory  of  Indiana  were  authorized  to  form  for  them- 
selves a  Constitution  and  State  Government,  which  State,  when 
formed,  should  be  admitted  into  the  Union  upon  the  same  foot- 
ing with  the  original  States. 

Under  this  act,  the  members  of  the  convention  were  elected 
on  the  second  Monday  of  May,  1816,  met  in  convention,  at 
Corydon,  on  the  second  Monday  of  June,  1816,  and  proceeded 
at  once  to  form  the  Constitution,  by  the  authority  of  Congress, 
without  an  ordinance  of  the  Territory. 

The  Constitution  was  completed  on  the  twenty-ninth  of 
June,  1816,  unanimously  adopted  by  the  members  of  the  con- 
vention— forty-three  in  number,  and  signed  by  all  except  one 
member  from  Clark  County  and  one  member  from  Warrick 
County.  The  Constitution  went  into  effect  upon  its  adoption 
by  the  members  of  the  convention  which  formed  it.  The  first 
session  of  the  General  Assembly,  held  by  its  authority,  met  at 
Corydon  on  the  first  Monday  of  November,  1816.  The  Consti- 
tution of  1816  remained  in  force,  without  amendment,  until  the 
first  day  of  November,  1851. 

24— Sen.  LAW.  (369) 


370  APPENDIX. 

An  act  was  passed  January  15,  1849,  "  to  provide  for  taking 
the  sense  of  the  qualified  voters  of  the  State  on  the  calling  of  a 
convention  tor  alter,  amend,  or  revise  the  Constitution  of  this 
State."  At  an  election  held  under  authority  of  this  act  a  large 
majority  of  all  the  votes  cast  was  in  favor  of  holding  the  con- 
vention. 

On  the  18th  day  of  January,  1850,  the  Legislature  passed  an 
act  to  provide  for  a  convention  of  the  people  of  the  State  of 
Indiana,  "to  revise,  amend,  or  alter  the  Constitution  of  said 
State."  By  the  authority  of  this  act  delegates  were  elected. 
They  assembled  in  convention  at  the  Capitol,  in  the  city  of 
Indianapolis,  on  the  first  Monday  in  October,  1850,  and  com- 
pleted their  labors  on  the  10th  day  of  February,  1851.  This 
Constitution  was  ratified  by  the  votes  of  the  people. 

The  first  amendment  to  this  Constitution  was  ratified  Febru- 
ary 18, 1873,  and  related  to  the  Wabash  and  Erie  Canal.  Other 
amendments  were  made  March  14,  1881. 


PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  maintained, 
and  liberty  perpetuated :  We,  the  people  of  the  State  of 
Indiana,  grateful  to  Almighty  God  for  the  free  exercise  of  the 
right  to  choose  our  own  form  of  government,  do  ordain  this 
Constitution. 

ARTICLE  I. 

BILL    OF    RIGHTS. 

SECTION  1.  We  declare  that  all  men  are  created  equal ;  that 
they  are  endowed  by  .their  Creator  with  certain  unalienable 
rights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of 
happiness ;  that  all  power  is  inherent  in  the  people ;  and  that 
all  free  governments  are,  and  of  right  ought  to  be,  founded  on 
their  authority,  and  instituted  for  their  peace,  safety,  and  well 
being.  For  the  advancement  of  these  ends,  the  people  have 
at  all  times  an  indefeasible  right  to  alter  and  reform  their  gov- 
ernment. 


CONSTITUTION  OF  THE  STATE.  371 

SEC.  2.  All  men  shall  be  secured  in  their  natural  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own 

consciences. 

SEC.  3.  No  law  shall,  in  any  case  whatever,  control  the  free 
exercise  and  enjoyment  of  religious  opinions,  or  interfere  with 
the  rights  of  conscience. 

SEC.  4.  No  preference  shall  be  given,  by  law,  to  any  creed, 
religious  society  or  mode  of  worship;  and  no  man  shall  be 
compelled  to  attend,  erect  or  support  any  place  of  worship,  or 
to  maintain  any  ministry  against  his  consent. 

SEC.  5.  No  religious  test  shall  be  required  as  a  qualification 
for  any  office  of'  trust  or  profit. 

SEC.  6.  No  money  shall  be  drawn  from  the  treasury  for  the 
benefit  of  any  religious  or  theological  institution. 

SEC.  7.  No  person  shall  be  rendered  incompetent  as  a  wit- 
ness, in  consequence  of  his  opinion  on  matters  of  religion. 

SEC.  8.  The  mode  of  administering  an  oath  or  affirmation 
shall  be  such  as  may  be  most  consistent  with,  and  binding  upon, 
the  conscience  of  the  person  to  whom  such  oath  or  affirmation 
may  be  administered. 

SEC.  9.  No  law  shall  be  passed  restraining  the  free  inter- 
change of  thought  and  opinion,  or  restricting  the  right  to  speak, 
write,  or  print,  freely,  on  any  subject  whatever;  but  for  the 
abuse  of  that  right  every  person  shall  be  responsible. 

SEC.  10.  In  all  prosecutions  for  libel,  the  truth  of  the  matters 
alleged  to  be  libelous  may  be  given  in  justification. 

SEC.  11.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects,  against  unreasonable  search  or 
seizure  shall  not  be  violated,  and  no  warrant  shall  issue,  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and  the  person  or 
thing  to  be  seized. 

SEC.  12.  All  courts  shall  be  open ;  and  every  man,  for  injury 
done  to  him,  in  his  person,  property  or  reputation,  shall  have 


372  APPENDIX. 

remedy  by  due  course  of  law.  Justice  shall  be  administered 
freely  and  without  purchase ;  completely,  and  without  denial ; 
speedily,  and  without  delay. 

SEC.  13.  In  all  criminal  prosecutions  the  accused  shall  have 
the.  right  to  a  public  trial,  by  an  impartial  jury  in  the  county  in 
which  the  offense  shall  have  been  committed;  to  be  heard  by 
himself  and  counsel ;  to  demand  the  nature  and  cause  of  the 
; accusation  against  him,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face,  and  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor. 

SEC.  14.  No  person  shall  be  put  in  jeopardy  twice  for  the 
same  offense.  No  person,  in  any  criminal  prosecution,  shall  be 
compelled  to  testify  against  himself. 

SEC.  15.  No  person  arrested,  or  confined  in  jail,  shall  be 
treated  with  unnecessary  rigor. 

SEC.  16.  Excessive  bail  shall  not  be  required.  Excessive 
fines  shall  not  be  imposed.  Cruel  and  unusual  punishment 
shall  not  be  inflicted.  All  penalties  shall  be  proportioned  to 
the  nature  of  the  offense. 

SEC.  17.  Offenses,  other  than  murder  or  treason,  shall  be 
bailable  by  sufficient  sureties.  -Murder  or  treason  shall  not  be 
bailable  when  the  proof  is  evident,  or  the  presumption  strong. 

SEC.  18.  The  penal  code  shall  be  founded  on  the  principles 
of  reformation,  and  not  of  vindictive  justice. 

SEC.  19.  In  all  criminal  cases  whatever,  the  jury  shall  have 
the  right  to  determine  the  law  and  the  facts. 

SEC.  20.  In  all  civil  cases  the  right  of  trial  by  jury  shall  re- 
main inviolate. 

SEC.  21.  No  man's  particular  services  shall  be  demanded 
without  just  compensation.  No  man's  property  shall  be  taken 
by  law  without  just  compensation ;  nor,  except  in  case  of  the 
State,  without  such  compensation  first  assessed  and  tendered. 

SEC.  22.  The  privilege  of  the  debtor  to  enjoy  the  necessary 
comforts  of  life,  shall  be  recognized  by  wholesome  laws,  ex- 
empting a  reasonable  amount  of  property  from  seizure  or  sale 


CONSTITUTION  OF  THE  STATE.  373 

for  the  payment  of  any  debt  or  liability  hereafter  contracted ; 
and  there  shall  be  no  imprisonment  for  debt,  except  in  case  of 
fraud. 

SEC.  23.  The  General  Assembly  shall  not  grant  to  any  citi- 
zen, or  class  of  citizens,  privileges  or  immunities  which,  upon 
the  same  terms,  shall  not  equally  belong  to  all  citizens. 

SEC.  24.  No  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contract,  shall  ever  be  passed. 

SEC.  25.  No  law  shall  be  passed,  the  taking  effect  of  which 
shall  be  made  to  depend  upon  any  authority,  except  as  provided 
in  this  Constitution. 

SEC.  26.  The  operation  of  the  laws  shall  never  be  suspended, 
except  by  the  authority  of  the  General  Assembly. 

SEC.  27.  The  privileges  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  except  in  case  of  rebellion  or  invasion,  and 
then  only  if  the  public  safety  demand  it. 

SEC.  28.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  and  giving  aid  and  comfort  to  its  enemies. 

SEC.  29.  No  person  shall  be  convicted  of  treason,  except  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  upon 
his  confession  in  open  court. 

SEC.  30.  No  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate. 

SEC.  31.  No  law  shall  restrain  any  of  the  inhabitants  of  the 
State  from  assembling  together,  in  a  peaceable  manner,  to  con- 
sult for  their  common  good ;  nor  from  instructing  their  repre- 
sentatives; nor  from  applying  to  the  General  Assembly  for 
redress  of  grievances. 

SEC.  32.  The  people  shall  have  a  right  to  bear  arms  for  the 
defense  of  th'emselves  and  the  State. 

SEC.  33.  The  military  shall  be  kept  in  strict  subordination 
to  the  civil  power. 


374  APPENDIX. 

SBC.  34.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time  of 
war  but  in  a  manner  to  be  prescribed  by  law. 

SEC.  35.  The  General  Assembly  shall 'not  grant  any  title  of 
nobility,  nor  confer  hereditary  distinctions. 

SEC.  36»     Emigration  from  the  State  shall  not  be  prohibited. 

SEC.  37.  There  shall  be  neither  slavery  nor  involuntary  servi- 
tude, within  the  State,  otherwise  than  for  the  punishment  of 
crime,  whereof  the  party  shall  have  been  duly  convicted.  No 
indenture  of  any  negro  or  mulatto,  made  or  executed  out  of  the 
bounds  of  the  State,  shall  be  valid  within  the  State. 

ARTICLE  II. 

SUFFRAGE    AND    ELECTION. 

SECTION  1.     All  elections  shall  be  free  and  equal. 

SEC.  2.  In  all  elections  not  otherwise  provided  for  by  this 
Constitution,  every  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years  and  upwards,  who  shall  have  resided 
in  the  State  during  the  six  months,  and  in  the  township  sixty 
days,  and  in  the  ward  or  precinct  thirty  days  immediately  pre- 
ceding such  election ;  and  every  male  of  foreign  birth,  of  the 
age  of  twenty-one  years  and  upwards,  who  shall  have  resided 
in  the  United  States  one  year,  and  shall  have  resided  in  this 
State  during  the  six  months,  and  in  the  township  sixty  days, 
and  in  the  ward  or  precinct  thirty  days,  immediately  preceding 
such  election,  and  shall  have  declared  his  intention  to  become  a 
citizen  of  the  United  States,  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization,  shall  be  entitled 
to  vote  in  the  township  or  precinct  where  he  may  reside,  if  he 
shall  have  been  duly  registered  according  to  law. 

SEC.  3:  No  soldier,  seaman  or  marine,  in  the  army  or  navy 
of  the  United  States,  or  their  allies,  shall  be  deemed  to  have 
acquired  a  residence  in  this  State  in  consequence  of  having 
been  stationed  within  the  same  ;  nor  shall  any  such  soldier,  sea- 
man or  marine,  have  the  right  to  vote. 


CONSTITUTION  OF  THE  STATE.  '  375 

SEC.  4.  No  person  shall  be  deemed  to  have  lost  his  residence 
in  the  State  by  reason  of  his  absence  either  on  business  of  the 
State  or  of  the  United  States. 

SEC.  5.     [Stricken  out  by  constitutional  amendment  of  Mar 
24,  1881.] 

SEC.  6.  Every  person  shall  be  disqualified  from  holding  oifice 
during  the  term  for  which  he  may  have  been  elected,  who  shall 
have  given  or  offered  a  bribe,  threat  or  reward  to  procure  his 
election. 

SEC.  7.  Every  person  who  shall  give  or  accept  a  challenge 
to  fight  a  duel,  or  who  shall  knowingly  carry  to  another  person 
such  challenge,  or  who  shall  agree  to  go  out  of  the  State  to 
fight  a  duel,  shall  be  ineligible  to  any  office  of  trust  or  profit. 

SEC.  8.  The  General  Assembly  shall  have  power  to  deprive 
of  the  right  of  suffrage,  and  to  render  ineligible  any  person 
convicted  of  an  infamous  crime. 

SEC.  9.  No  person  holding  a  lucrative  office  or  appointment, 
under  the  United  States,  or  under  this  State,  shall  be  eligible  to 
a  seat  in  the  General  Assembly;  nor  shall  any  person  hold 
more  than  one  lucrative  office  at  the  same  time,  except  as  in 
this  Constitution  expressly  permitted:  Provided,  That  offices  in 
the  militia,  to  which  there  is  attached  no  annual  salary,  and  the 
office  of  Deputy  Postmaster,  where  the  compensation  does  not 
exceed  ninety  dollars  per  annum,  shall  not  be  deemed  lucrative ; 
And  provided,  also,  That  counties  containing  less  than  one  thou- 
sand polls  may  confer  the  office  of  Clerk,  Recorder  and  Auditor, 
or  any  two  of  said  offices,  upon  the  same  person. 

SEC.  10.  No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  moneys,  shall  be  eligible  to  any  office  of  trust 
or  profit  until  he  shall  have  accounted  for  and  paid  over,  ac- 
cording to  law,  all  sums  for  which  he  may  be  liable. 

SEC.  11.  In  all  cases  in  which  it  is  provided  that  an  office 
shall  not  be  filled  by  the  same  person  more  than  a  certain  num- 
ber of  years  continuously,  an  appointment  pro  tempore  shall  not 
be  reckoned  a  part  of  that  term. 


376  APPENDIX. 

SEC.  12.  In  all  cases,  except  treason,  felony  and  breach  of 
the  peace,  electors  shall  be  free  from  arrest  in  going  to  elec- 
tions, during  their  attendance  there,  and  in  returning  from  the 
same. 

SEC.  13.  All  elections  by  the  people  shall  be  by  ballot;  and 
all  elections  by  the  General  Assembly,  or  by  either  branch 
thereof,  shall  be  viva  voce. 

SEC.  14.  All  general  elections  shall  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November ;  but  township  elections 
may  be  held  at  such  time  as  may  be  provided  by  law  :  Provided, 
That  the  General  Assembly  may  provide  by  law  for  the  election 
of  all  judges  of  courts  of  general  or  appellate  jurisdiction,  by 
an  election  to  be  held  for  such  officers  only,  at  which  time  no 
other  officer  shall  be  voted  for;  and  shall  also  provide  for  the 
registration  of  all  persons  entitled  to  vote. 

/ 
ARTICLE  III. 

DISTRIBUTION    OF    POWERS. 

SECTION  1.  The  powers  of  the  Government  are  divided  into 
three  separate  departments :  the  Legislative,  the  Executive  (in- 
cluding the  Administrative),  and  the  Judicial;  and  no  person 
charged  with  official  duties  under  one  of  these  departments 
shall  exercise  any  of  the  functions  of  another  except  as  in  this 
Constitution  expressly  provided. 

ARTICLE  IV. 

LEGISLATIVE. 

SECTION  1.  The  Legislative  authority  of  the  State  shall  be 
vested  in  a  General  Assembly,  which  shall  consist  of  a  Senate 
and  House  of  Representatives.  The  style  of  every  law  shall 
be,  "Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Indiana;"  and  no  law  shall  be  enacted  except  by  bill. 

SEC.  2.  The  Senate  shall  not  exceed  fifty,  nor  the  House  of 
Representatives  one  hundred  members;  and  they  shall  be 


CONSTITUTION  OF  THE  STATE.  377 

chosen  by  the  electors  of  the  respective  counties  or  districts 
into  which  the  State  may,  from  time  to  time,  he  divided. 

SEC.  3.  Senators  shall  be  elected  for  the  term  of  four  years, 
and  Representatives  for  the  term  of  two  years,  from  the  day 
next  after  their  general  election :  Provided,  however.  That  the 
Senators  elect,  at  the  second  meeting  of  the  General  Assembly 
under  this  Constitution,  shall  be  divided,  by  lot,  into  two  equal 
classes,  as  nearly  as  may  be;  and  the  seats  of  Senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  two  years,  and 
those  of  the  second  class  at  the  expiration  of  four  years;  so 
that  one-half,  as  nearly  as  possible,  shall  be  chosen  biennially 
forever  thereafter.  And  in  case  of  increase  in  the  number  of 
Senators,  they  shall  be  so  annexed  by  lot,  to  the  one  or  the 
other  of  the  two  classes,  as  to  keep  them  as  nearly  equal  as 
practicable. 

SEC.  4,  The  General  Assembly  shall,  at  its  second  session 
after  the  adoption  of  this  Constitution,  and  every  sixth  year 
thereafter,  cause  an  enumeration  to  be  made  of  all  the  male 
inhabitants  over  the  age  of  twenty-one  years. 

SEC.  5.  The  number  of  Senators  and  Representatives  shall, 
at  the  session  next  following  each  period  of  n\aking  such  enu- 
meration, be  fixed  by  law,  and  apportioned  among  the  several 
counties,  according  to  the  number  of  male  inhabitants,  above 
twenty-one  years  of  age,  in  each  :  Provided,  That  the  first  and 
second  elections  of  members  of  the  General  Assembly,  under 
this  Constitution,  shall  be  according  to  the  apportionment  last 
made  by  the  General  Assembly  before  the  adoption  of  this 
Constitution. 

SEC.  6.  A  Senatorial  or  Representative  district,  where  more 
than  one  county  shall  constitute  a  district,  shall  be  composed 
of  contiguous  counties;  and  no  county,  for  Senatorial  appor- 
tionment, shall  ever  be  divided. 

SEC.  7.  No  person  shall  be  a  Senator  or  a  Representative, 
who,  at  the  time  of  his  election,  is  not  a  citizen  of  the  United 
States ;  nor  any  one  who  has  not  been,  for  two  years  next  pre- 
ceding his  election,  an  inhabitant  of  this  State,  and  for  one 
year  next  preceding  his  election,  an  inhabitant  of  the  county  or 


378  APPENDIX. 

district  whence  lie  may  be  chosen.     Senators  shall  he  at  least 
twenty-five,  and  Representatives  at  least  twenty-one  years  of 


SEC.  8.  Senators  and  Representatives,  in  all  cases  except 
treason,  felony,  and  hreach  of  the  peace,  shall  be  privileged 
from  arrest  during  the  session  of  the  General  Assembly,  and  in 
going  to  and  returning  from  the  same;  and  shall  not  be  subject 
to  any  civil  process  during  the  session  of  the  General  Assem- 
bly, nor  during  the  fifteen  days  next  before  the  commencement 
thereof.  For  any  speech  or  debate  in  either  House,  a  member 
shall  not  be  questioned  in  any  other  place. 

SEC.  9.  The  sessions  of  the  General  Assembly  shall  be  held 
biennially,  at  the  capital  of  the  State,  commencing  on  the 
Thursday  next  after  the  first  Monday  of  January,  in  the  year 
one  thousand  eight  hundred  and  fifty-three,  and  on  the  same 
day  of  every  second  year  thereafter,  unless  a  different  day  or 
place  shall  have  been  appointed  by  law.  .But  if,  in  the  opinion 
of  the  Governor,  the  public  welfare  shall  require  it,  he  may,  at 
any  time,  by  proclamation,  call  a  special  session. 

SEC.  10.  Each  House,  when  assembled,  shall  choose  its  own 
officers  (the  President  of  the  Senate  excepted),  judge  the  elec- 
tions, qualifications  and  returns  of  its  own  members,  determine 
its  rules  of  proceeding,  and  sit  upon  its  own  adjournment.  But 
neither  House  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  place  other  than  that  in 
which  it  may  be  sitting. 

SEC.  11.  Two-thirds  of  each  House  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller  number  may  meet,  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members.  A 
quorum  being  in  attendance,  if  either  House  fail  to  effect  an 
organization  within  the  first  five  days  thereafter,  the  members 
of  the  House  so  failing  shall  be  entitled  to  no  compensation 
from  the  end  of  the  said  five  days,  until  an  organization  shall 
have  been  effected. 

SEC.  12.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same.  The  yeas  and  nays,  on  any  question, 
shall,  at  the  request  of  any  two  members,  be  entered,  together 


CONSTITUTION    OF    THE    STATE.  379 

with  the  names  of  the  members  demanding  the  same,  on  the 
journal :  Provided,  That  on  a  motion  to  adjourn,  it  shall  require 
one-tenth  of  the  members  present  to  order  the  yeas  and  nays. 

SEC.  13.  The  doors  of  each  House,  and  of  Committees  of  the 
Whole,  shall  be  kept  open,  except  in  such  cases  as,  in  the  opin- 
ion of  either  House,  may  require  secrecy. 

SEC  14.  Either  House  may  punish  its  members  for  disor- 
derly behavior,  and  may,  with  the  concurrence  of  two-thirds, 
expel  a  member ;  but  not  a  second  time  for  the  same  cause. 

SEC.  15.  Either  House,  during  its  session,  may  punish,,  by 
imprisonment,  any  person  not  a  member,  who  shall  have  been 
guilty  of  disrespect  to  the  House,  by  disorderly  or  contemptu- 
ous behavior  in  its  presence ;  but  such  imprisonment  shall  not, 
at  any  time,  exceed  twenty-four  hours. 

SEC.  16.  Each  House  shall  have  all  powers  necessary  for  a 
branch  of  the  legislative  department  of  a  free  and  independent 
State. 

SEC.  17.  Bills  may  originate  in  either  House,  but  may  be 
amended  or  rejected  in  the  other,  except  that  bills  for  raising 
revenue  shall  originate  in  the  House  of  Representatives. 

SEC.  18.  Every  bill  shall  be  read  by  sections,  on  three  several 
days  in  each  House;  unless,  in  case  of  emergency,  two-thirds 
of  the  House  where  such  bill  may  be  depending  shall,  by  a  vote 
of  yeas  and  nays,  deem  it  expedient  to  dispense  with  this  rule; 
but  the  reading  of  a  bill  by  sections,  on  its  final  passage,  shall 
in  no  pase  be  dispensed  with ;  and  the  vote  on  the  passage  of 
every  bill  or  joint  resolution  shall  be  taken  by  yeas  and  nays. 

SEC.  19.  Every  act  shall  embrace  but  one  subject,  and  mat- 
ters properly  connected  therewith ;-  which  subject  shall  be  ex- 
pressed in  the  title.  But  if  any  subject  shall  be  embraced  in 
an  act,  which  shall  not  be  expressed  in  the  title,  such  act  shall 
be  void  only  as  to  so  much  thereof  as  shall  not  be  expressed  in 
the  title. 

SEC.  20.  Every  act  and  joint  resolution  shall  be  plainly 
worded,  avoiding,  as  far  as  practicable,  the  use  of  technical 
terms. 


380  APPENDIX. 

SEC.  21.  No  act  shall  ever  be  revised  or  amended  by  mere 
reference  to  its  title ;  but  the  act  revised,  or  section  amended, 
shall  be  set  forth  and  published  at  full  length. 

SEC.  22.  The  General  Assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say : 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace 
and  of  constables ; 

For  the  punishment  of  crimes  and  misdemeanors ; 

Regulating  the  practice  in  courts  of  justice; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases ; 

Granting  divorces; 

Changing  the  names  of  persons  ; 

For  laying  out,  opening  and  working  on,  highways,  and  for 
the  election  or  appointment  of  supervisors ; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  squares ; 

Summoning  and  impanneling  grand  and  petit  juries,  and  pro- 
viding for  their  compensation ; 

Regulating  county  and  township  business ; 

Regulating  the  election  of  county  and  township  officers,  and 
their  compensation ; 

For  the  assessment  and  collection  of  taxes  for  State,  county, 
township  or  road  purposes ; 

Providing  for  supporting  common  schools,  and  for  the  preser- 
vation of  school  funds ; 

In  relation  to  fees  or  salaries ;  except  that  the  laws  may  be  so 
made  as  to  grade  the  compensation  of  officers  in  proportion  to 
the  population  and  the  necessary  services  required ; 

In  relation  to  interest  on  money ; 

Providing  for  opening  and  conducting  elections  of  State, 
county  or  township  officers,  and  designating  the  places  of  vot- 
ing; 


CONSTITUTION  OF  THE  STATE.  381 

Providing  for  the  sale  of  real  estate  belonging  to  minors,  or 
other  persons  laboring  under  legal  disabilities,  by  executors,  ad- 
ministrators, guardians  or  trustees. 

SEC.  23.  In  all  the  cases  enumerated  in  the  preceding  section, 
and  in  all  other  cases  where  a  general  law  can  be  made  appli- 
cable, all  laws  shall  be  general  and  of  uniform  operation 
throughout  the  State. 

SEC.  24.  Provisions  may  be  made  by  general  law,  for  bring- 
ing suits  against  the  State,  as  to  all  liabilities  originating  after 
the  adoption  of  this  Constitution ;  but  no  special  act  authoriz- 
ing such  suit  to  be  brought,  or  making  compensation  to  any 
person  claiming  damages  against  the  State,  shall  ever  be  passed. 

SEC.  25.  A  majority  of  all  the  members  elected  to  each 
House  shall  be  necessary  to  pass  every  bill  or  joint  resolution; 
and  all  bills  and  joint  resolutions  so  passed  shall  be  signed  by 
the  presiding  officers  of  the  respective  houses. 

SEC.  26.  Any  member  of  either  House  shall  have  the  right 
to  protest,  and  to  have  his  protest,  with  his  reasons  for  dissent, 
entered  on  the  journal. 

SEC.  27.  Every  statute  shall  be  a  public  law,  unless  otherwise 
declared  in  the  statute  itself. 

SEC.  28.  ~No  act  shall  take  effect  until  the  same  shall  have 
been  published  and  circulated  in  the  several  counties  of  this 
State,  by  authority,  except  in  case  of  emergency ;  which  emer- 
gency shall  be  declared  in  the  preamble  or  in  the  body  of  the 
law. 

SEC.  29.  The  members  of  the  General  Assembly  shall  receive 
for  their  services  a  compensation,  to  be  fixed  by  law ;  but  no  in- 
crease of  compensation  shall  take  effect  during  the  session  at 
which  such  increase  may  be  made.  No  session  of  the  General 
Assembly,  except  the  first  under  this  Constitution,  shall  extend 
beyond  the  term  of  sixty-one  days,  nor  any  special  session  be- 
yond the  term  of  forty  days. 

SEC.  30.  ~No  Senator  or  .Representative  shall,  during  the  term 
for  which  he  may  have  been  elected,  be  eligible  to  any  office, 


382  APPENDIX. 

the  election  to  which  is  vested  in  the  General  Assembly,  nor 
shall  he  be  appointed  to  any  civil  office  of  profit,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  such  term;  but  this  latter  provision  shall  not 
be  construed  to  apply  to  any  office  elective  by  the  people. 


ARTICLE  V. 

EXECUTIVE. 

SECTION  1.  The  executive  powers  of  the  State  shall  be  vested 
in  a  Governor.  He  shall  hold  his  office  during  four  years,  and 
shall  not  be  eligible  more  than  four  years  in  any  period  of 
eight  years. 

SEC.  2.  There  shall  be  a  Lieutenant-Governor,  who  shall 
hold  his  office  during  four  years. 

SEC.  3.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the 
General  Assembly. 

SEC.  4.  In  voting  for  Governor  and  Lieutenant-Governor 
the  electors  shall  designate  for  whom  they  vote  as  Governor, 
and  for  whom  as  Lieutenant-Governor.  The  returns  of  every 
election  for  Governor  and  Lieutenant-Governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the 
Speaker  of  the  House  of  Representatives,  who  shall  open  and 
publish  them  in  the  presence  of  both  Houses  of  the  General 
Assembly. 

SEC.  5.  The  persons,  respectively,  having  the  highest  num- 
ber of  votes  for  Governor  and  Lieutenant-Governor,  shall  be 
elected ;  but  in  case  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  either  office,  the  General 
Assembly  shall,  by  joint  vote,  forthwith  proceed  to  elect  one 
of  the  said  persons  Governor  or  Lieutenant-Governor,  as  the 
case  may  be. 

SEC.  6.  Contested  elections  for  Governor  or  Lieutenant-Gov- 
ernor shall  be  determined  by  the  General  Assembly,  in  such 
manner  as  may  be  prescribed  by  law. 


CONSTITUTION    OP    THE    STATE.  383 

SEC.  7.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor,  who  shall  not  have  been  five  years  a 
citizen  of  the  United  States,  and  also  a  resident  of  the  State  of 
Indiana  during  the  five  years  next  preceding  his  election ;  nor 
shall  any  person  be  eligible  to  either  of  the  said  offices  who 
shall  not  have  attained  the  age  of  thirty  years. 

SEC.  8.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States,  or  under  this  State,  shall  fill  the  office 
of  Governor  or  Lieutenant-Governor. 

SEC.  9.  The  official  term  of  the  Governor  or  Lieutenant-Gov- 
ernor shall  commence  on  the  second  Monday  of  January,  in  the 
year  one  thousand,  eight  hundred  and  fifty-three ;  and  on  the 
same  day  every  fourth  year  thereafter. 

SEC.  10.  In  case  of  the  removal  of  the  Governor  from  office, 
or  of  his  death,  resignation  or  inability  to  discharge  the  duties 
of  the  office,  the  same  shall  devolve  on  the  Lieutenant-Governor; 
and  the  General  Assembly  shall,  by  law,  provide  for  the  case  of 
removal  from  office,  death,  resignation,  or  inability,  both  of  the 
Governor  and  Lieutenant-Governor,  declaring  what  officer  then 
shall  act  as  Governor ;  and  such  officer  shall  act  accordingly  un- 
til the  disability  tte  remove'd  or  a  Governor  be  elected. 

SEC.  11.  Whenever  the  Lieutenant-Governor  shall  act  as 
Governor,  or  shall  be  unable  to  attend  as  President  of  the  Senate, 
the  Senate  shall  elect  one  of  its  own  members  as  President  for 
the  occasion. 

SEC.  12.  The  Governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces,  and  may  call  out  such  forces  to  execute 
the  laws,  or  to  suppress  insurrection,  or  to  repel  invasion. 

SEC.  13.  He  shall,  from  time  to  time,  give  to  the  General  As- 
sembly information  touching  the  condition  of  the  State,  and  rec- 
ommend such  measures  as  he  shall  judge  to  be  expedient. 

SEC.  14.  Every  bill  which  shall  have  passed  the  General  As- 
sembly shall  be  presented  to  the  Governor ;  if  he  approve,  he 
shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  House  in  which  it  shall  have  originated,  which  House  shall 
enter  the  objections  at  large  upon  its  journals  and  proceed  to 


384  APPENDIX. 

reconsider  the  bill.  If,  after  such  reconsideration,  a  majority  of 
all  the  members  elected  to  that  House  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  with  the  Governor's  objections,  to  the  other  House, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  a 
majority  of  all  the  members  elected  to  that  House,  it  shall  be  a 
law.  If  any  bill  shall  not  be  returned  by  the  Governor  within 
three  days,  Sundays  excepted,  after  it  shall  have  been  presented 
to  him,  it  shall  be  a  law  without  his  signature, unless  the  general 
adjournment  shall  prevent  its  return,  in  which  case  it  shall  be  a 
law  unless  the  Governor,  within  five  days  next  after  such  ad- 
journment, shall  file  such  bill,  with  his  objections  thereto,  in  the 
office  of  the  Secretary  of  State,  who  shall  lay  the  same  before  the 
General  Assembly  at  its  next  session  in  like  manner  as  if  it  had 
been  returned  by  the  Governor.  But  no  bill  shall  be  presented 
to  the  Governor  within  two  days  next  previous  to  the  final  ad- 
journment of  the  General  Assembly. 

SEC.  15.  The  Governor  shall  tr-ansact  all  necessary  business 
with  the  officers  of  Government,  and  may  require  any  informa- 
tion in  writing  from  the  officers  of  the  administrative  depart- 
ment, upon  any  subject  relating  to  the  duties  of  their  respective 
offices. 

SEC.  16.  He  shall  take  care  that  the  laws  be  faithfully 
executed. 

SEC.  17.  He  shall  have  the  power  to  grant  reprieves,  com- 
mutations and  pardons,  after  conviction,  for  all  oifenses  except 
treason  and  cases  of  impeachment,  subject  to  such  regulations 
as  may  be  provided  by  law.  Upon  conviction  for  treason,  he 
shall  have  power  to  suspend  the  execution  of  the  sentence  until 
the  case  shall  be  reported  to  the  General  Assembly  at  its  next 
meeting,  when  the  General  Assembly  shall  either  grant  a  pardon, 
commute  the  sentence,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  He  shall  have  power  to  remit  fines 
and  forfeitures,  under  such  regulations  as  may  be  prescribed  by 
law,  and  shall  report  to  the  General  Assembly,  at  its  next  meet- 
ing, each  case  of  reprieve,  commutation,  or  pardon  granted,  and 
also  the  names  of  all  persons  in  whose  favor  remission  of  fines 
and  forfeitures  shall  have  been  made,  and  the  several  amounts 
remitted :  Provided,  however,  That  the  General  Assembly  may, 


CONSTITUTION  OF  THE  STATE.  385 

by  law,  constitute  a  council,  to  be  composed  of  officers  of  State, 
without  whose  advice  and  consent  the  Governor  shall  not  have 
power  to  grant  pardons,  in  any  case,  except  such  as  may,  by  law, 
be  left  to  his  sole  power. 

SEC.  18.  When,  during  a  recess  of  the  General  Assembly,  a 
vacancy  shall  happen  in  any  office,  the  appointment  to  which  is 
vested  in  the  General  Assembly,  or  when,  at  any  time,  a  va- 
cancy shall  have  occurred  in  any  other  State  office,  or  in  the 
office  of  Judge  of  any  court,  the  Governor  shall  fill  such  va- 
cancy by  appointment,  which  shall  expire  when  a  successor  shall 
have  been  elected  and  qualified. 

SEC.  19.  He  shall  issue  writs  of  election  to  fill  such  vacan- 
cies as  may  have  occurred  in  the  General  Assembly. 

SEC.  20.  Should  the  seat  of  Government  become  dangerous 
from  disease  or  a  common  enemy,  he  may  convene  the  General 
Assembly  at  any  other  place. 

Si:c.  *1\.  The  Lieutenant-Governor  shall,  by  virtue  of  his 
oIKce,  be  President  of  the  Senate;  have  a  right,  when  in  Com- 
mittee of  the  Whole,  to  join  in  debate,  and  to  vote  on  all  sub- 
jects, and,  whenever  the  Senate  shall  be  equally  divided,  he  shall 
give  the  casting  vote. 

SEC.  22.  The  Governor  shall,  at  stated  times,  receive  for  his 
services  a  compensation  which  shall  neither  be  increased  nor 
diminished  during  the  term  for  which  he  shall  have  been 
elected. 

SEC.  23.  The  Lieutenant-Governor,  while  he  shall  act  as 
President  of  the  Senate,  shall  receive  for  his  services  the  same 
compensation  as  the  Speaker  of  the  House  of  Representatives; 
and  any  person  acting  as  Governor  shall  receive  the  compensa- 
tion attached  to  the  office  of  Governor. 

SKC.  24.  Neither  the  Governor  nor  Lieutenaut-Governor 
shall  be  eligible  to  any  other  office  during  the  term  for  which 
he  shall  have  been  elected. 


25 — !ScH.  LAW. 


386  APPENDIX. 

ARTICLE  VI. 

ADMINISTRATIVE. 

SECTION  1.  There  shall  he  elected  by  the  voters  of  the  State, 
a  Secretary,  an  Auditor,  and  a  Treasurer  of  State,  who  shall 
severally  hold  their  offices  for  two  years.  They  shall  perform 
such  duties  as  may  be  enjoined  by  law;  and  no  person  shall  be 
eligible  to  either  of  said  offices  more  than  four  years  in  any 
period  of  six  years. 

BEG.  2.  There  shall  be  elected  in  each  county,  by  the  voters 
thereof,  at  the  time  of  holding  general  elections,  a  Clerk  of  the 
Circuit  Court,  Auditor,  Recorder,  Treasurer,  Sheriff,  Coroner 
and  Surveyor.  The  Clerk,  Auditor  and  Recorder  shall  con- 
tinue in  office  four  years ;  and  no  person  shall  be  eligible  to  the 
office  of  Clerk,  Recorder  or  Auditor  more  than  eight  years  in 
any  period  of  twelve  years.  The  Treasurer,  Sheriff,  Coroner 
and  Surveyor,  shall  continue  in  office  two  years ;  and  no  per- 
son shall  be  eligible  to  the  office  of  Treasurer  or  Sheriff  more 
than  four  years  in  any  period  of  six  years. 

SEC.  3.  Such  other  county  and  township  officers  as  may  be 
necessary,  shall  be  elected  or  appointed,  in  such  manner  as  may 
be  prescribed  by  law. 

SEC.  4.  No  person  shall  be  elected  or  appointed  as  a  county 
officer,  who  shall  not  be  an  elector  of  the  county ;  nor  any  one 
who  shall  not  have  been  an  inhabitant  thereof  during  one  year 
next  preceding  his  appointment,  if  the  county  shall  have  been 
so  long  organized ;  but  if  the  county  shall  not  have  been  so 
long  organized,  then  within  the  limits  of  the  county  or  coun- 
ties out  of  which  the  same  shall  have  been  taken. 

SEC.  5.  The  Governor,  and  the  Secretary,  Auditor  and  Treas- 
urer of  State,  shall,  severally,  reside  and  keep  the  public  records, 
books  and  papers,  in  any  manner  relating  to  the  respective 
offices,  at  the  seat  of  government. 

SEC.  6.  All  county,  township  and  town  officers  shall  reside 
within  their  respective  counties,  townships  and  towns,  and  shall 


CONSTITUTION    OF    THE    STATE.  387 

keep  their  respective  offices  at  such  places  therein,  and  perform 
such  duties  as  may  be  directed  by  law. 

SEC.  7.  All  State  officers  shall,  for  crime,  incapacity  or  neg- 
ligence, be  liable  to  be  removed  from  office,  either  by  impeach- 
ment by  the  House  of  Representatives,  to  be  tried  by  the  Seri- 
ate, or  by  a  joint  resolution  of  the  General  Assembly;  two- 
thirds  of  the  members  elected  to  each  branch  voting,  in  either 
case,  therefor. 

SEC.  8.  All  State,  county,  township  and  town  officers  may 
be  impeached,  or  removed  from  office  in  such  manner  as  may 
be  prescribed  by  law. 

SEC.  9.  Vacancies  in  county,  township  and  town  offices,  shall 
be  filled  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  10.  The  General  Assembly  may  confer  upon  the  Boards 
doing  county  business  in  the  several  counties,  powers  of  a  local 
administrative  character. 


ARTICLE  VII. 

JUDICIAL. 

SECTION  1.  The  Judicial  power  of  the  State  shall  be  vested 
in  a  Supreme  Court,  in  Circuit  Courts,  and  in  such  other  courts 
as  the  General  Assembly  may  establish. 

SEC.  2.  The  Supreme  Court  shall  consist  of  not  less  than 
throe,  nor  more  than  five  Judges;  a  majority  of  whom  shall 
form  a  quorum.  They  shall  hold  their  offices  for  six  years,  if 
they  so  long  behave  well. 

SEC.  3.  The  State  shall  be  divided  into  as  many  districts  as 
there  are  Judges  of  the  Supreme  Court,  and  such  districts  shall 
be  formed  of  contiguous  territory,  as  nearly  equal  in  population 
as,  without  dividing  a  county,  the  same  can  be  made.  One  of 
said  Judges  shall  be  elected  from  each  district,  and  reside 
therein ;  but  said  Judge  shall  be  elected  by  the  electors  of  the 
State  at  large. 


388    '  APPENDIX. 

SEC.  4.  The  Supreme  Court  shall  have  jurisdiction,  co-ex- 
tensive with  the  limits  of  the  State,  in  appeals  and  writs  of 
error,  under  such  regulations  and  restrictions  as  may  be  pre- 
scribed by  law.  It  shall  also  have  such  original  jurisdiction  as 
the  General  Assembly  may  confer. 

SEC.  5.  The  Supreme  Court  shall,  upon  the  decision  of  every 
case,  give  a  statement  in  writing  of  each  question  arising  in  the 
record  of  such  case,  and  the  decision  of  the  Court  thereon. 

SEC.  6.  The  General  Assembly  shall  provide  by  law,  for  the 
speedy  publication  of  the  decisions  of  the  Supreme  Court,  made 
under  this  Constitution,  but  no  Judge  shall  be  allowed  to  re- 
port such  decision. 

SEC.  7.  There  shall  be  elected  by  the  voters  of  the  State,  a 
Clerk  of  the  Supreme  Court,  who  shall  hold  his  office  four  years, 
and  whose  duties  shall  be  prescribed  by  law. 

SEC.  -8.  The  Circuit  Courts  shall  each  consist  of  one  Judge, 
and  shall  have  such  civil  and  criminal  jurisdiction  as  may  be 
prescribed  by  law. 

SEC.  9.  The  State  shall,  from  time,  to  time,  be  divided  into 
Judicial  Circuits,  and  a  Judge  for  each  circuit  shall  be  elected 
by  the  voters  thereof.  He  shall  reside  within  the  circuit,  and 
shall  hold  his  office  for  the  term  of  six  years,  if  he  so  long  be- 
have well. 

SEC.  10.  The  General  Assembly  may  provide,  by  law,  that 
the  Judge  of  one  circuit  may  hold  the  courts  of  another  circuit, 
in  cases  of  necessity  or  convenience ;  and  in  case  of  temporary 
inability  of  any  Judge,  from  sickness  or  other  cause,  to  hold 
the  courts  in  his  circuit,  provisions  may  be  made,  by  law,  for 
holding  such  courts. 

SEC.  11.  There  shall  be  elected,  in  each  Judicial  Circuit,  by 
the  voters  thereof,  a  Prosecuting  Attorney,  who  shall  hold  his 
office  for  two  years. 

SEC.  12.  Any  Judge  or  Prosecuting  Attorney,  who  shall  have 
been  convicted  of  corruption  or  other  high  crime,  may,  on  in- 
formation in  the  name  of  the  State,  be  removed  from  office  by 


CONSTITUTION  OF  THE  STATE.  389 

the  Supreme  Court,  or  in  such  other  manner  as  may  be  pre- 
scribed by  law. 

SEC.   13.     The   Judges  of   the  Supreme  Court   and   Circuit 
Courts  shall,  at  stated  times,  receive  a  compensation,  which 
-sfrall  not  be  diminished  during  their  continuance  in  office. 

SEC.  14.  A  competent  number  of  Justices  of  the  Peace  shall 
be  elected  by  the  voters  in  each  township  in  the  several  coun- 
ties. They  shall  continue  in  office  four  years,  and  their  powers 
and  duties  shall  be  prescribed  by  law. 

SEC.  15.  All  judicial  officers  shall  be  conservators  of  the 
peace  in  their  respective  jurisdictions. 

SEC.  16.  No  person  elected  to  any  judicial  office  shall,  during 
the  term  for  which  he  shall  have  been  elected,  be  eligible  to 
any  office  of  trust  or  profit  under  the  State,  other  than  a  judi- 
cial office. 

SEC.  17.  The  General  Assembly  may  modify  or  abolish  the 
(Jrand  Jury  system. 

SEC.  18.  All  criminal  prosecutions  shall  be  carried  on  in  the 
name,  and  by  the  authority  of  the  State;  and  the  style  of  all 
processes  shall  be,  "The  State  of  Indiana." 

SEC.  19.  Tribunals  of  conciliation  may  be  established,  with 
such  powers  and  duties  as  shall  be  prescribed  by  law;  or  the 
powers  and  duties  of  the  same  may  be  conferred  upon  other 
courts  of  justice;  but  such  tribunals  or  other  courts,  when  sit- 
ting as  such,  shall  have  no  power  to  render  judgment  to  be 
obligatory  on  the  parties  unless  they  voluntarily  submit  their 
matters  of  difference  and  agree  to  abide  the  judgment  of  such 
tribunal  or  court. 

SEC.  20.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  provide  for  the  appointment 
of  three  commissioners  whose  duty  it  shall  be  to  revive,  sim- 
plify and  abridge  the  rules,  practice,  pleadings  and  forms  of  the 
courts  of  justice.  And  they  shall  provide  for  abolishing  the 
distinct  forms  of  action  at  law  now  in  use ;  and  that  justice 
shall  be  administered  in  a  uniform  mode  of  pleading,  without 


390  APPENDIX. 

distinction  between  law  and  equity.  And  the  General  Assembly 
may,  also,  make  it  the  duty  of  said  commissioners  to  reduce 
into  a  systematic  code  the  general  statute  law  of  the  State ;  and 
said  commissioners  shall  report  the  result  of  their  labors  to  the 
General  Assembly,  with  such  recommendations  and  suggestions, 
as  to  the  abridgment  and  amendment,  as  to  said  commissioners 
may  seem  necessary  or  proper.  Provision  shall  be  made  by  law 
for  filling  vacancies,  regulating  the  tenure  of  office  and  the  com- 
pensation of  said  commissioners. 

SEC.  21.  Every  person  of  good  moral  character,  being  a 
voter,  shall  be  entitled  to  admission  to  practice  law  in  all  courts 
of  justice. 

ARTICLE  VIII. 

EDUCATION. 

SECTION  1.  Knowledge  and  learning  generally  diffused 
throughout  a  community,  being  essential  to  the  preservation  of 
a  free  government,  it  shall  be  the  duty  of  the  General  Assembly 
to  encourage,  by  all  suitable  means,  moral,  intellectual,  scien- 
tific and  agricultural  improvement,  and  to  provide  by  law  for  a 
general  and  uniform  system  of  common  schools,  wherein  tuition 
shall  be  without  charge,  and  equally  open  to  all. 

SEC  2.  The  common  school  fund  shall  consist  of  the  con- 
gressional township  fund,  and  the  lands  belonging  thereto; 

The  surplus  revenue  fund ; 

The  saline  fund,  and  the  lands  belonging  thereto ; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one  hun- 
dred and  fourteenth  section  of  the  charter  of  the  State  Bank 
of  Indiana; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries, 
and  the  moneys  and  property  heretofore  held  for  such  semi- 
naries ;  from  the  fines  assessed  for  breaches  of  the  penal  laws 
of  the  State;  and  from  all  forfeitures  which  may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to  the  State 
for  want  of  heirs  or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the 
State,  where  no  special  purpose  is  expressed  in  the  grant,  and 


CONSTITUTION  OP  THE  STATE.  391 

tne  proceeds  of  the  sales  thereof;  including  the  proceeds  of  the 
sales  of  the  Swamp  Lands  granted  to  the  State  of  Indiana  by 
the  act  of  Congress,  of  the  28th  of  September,  1850,  after  de- 
ducting the  expense  of  selecting  and  draining  the  same ; 

Taxes  on  the  property  of  corporations  that  may  be  assessed 
by  t«he  General  Assembly  for  Common  School  purposes. 

SEC.  3.  The  principal  of  the  Common  School  Fund  shall 
remain  a  perpetual  fund,  which  may  be  increased,  but  shall 
never  be  diminished ;  and  the  income  thereof  shall  be  inviolably 
appropriated  to  the  support  of  Common  Schools,  and  to  no  other 
purpose  whatever. 

SEC.  4.  The  General  Assembly  shall  invest,  in  some  safe  and 
profitable  manner,  all  such  portions  of  the  Common  School 
Fund  as  have  not  heretofore  been  entrusted  to  the  several 
counties;  and  shall  make  provisions,  by  law,  for  the  distribu- 
tion, among  the  several  counties,  of  the  interest  thereof. 

SEC.  5.  If  any  county  shall  fail  to  demand  its  proportion  of 
such  interest  for  Common  School  purposes,  the  same  shall  be 
reinvested  for  the  benefit  of  such  county. 

SEC.  6.  The  several  counties  shall  be  held  liable  for  the  pres- 
ervation of  so  much  of  the  said  fund  as  may  be  entrusted  to 
them,  and  for  the  payment  of  the  annual  interest  thereon. 

SEC.  7.  All  trust  funds  held  by  the  State  shall  remain  invio- 
late, and  be  faithfully  and  exclusively  applied  to  the  purposes 
for  which  the  trust  was  created. 

SEC.  8.  The  General  Assembly  shall  provide  for  the  election, 
by  the  voters  of  the  State,  of  a  State  Superintendent  of  Public 
Instruction,  who  shall  hold  his  office  for  two  years,  and  whose 
duties  and  compensation  shall  be  prescribed  by  law. 

ARTICLE  IX. 

STATE    INSTITUTIONS. 

SECTION  1.  It  shall  be  the  duty  of  the  General  Assembly  to 
provide  by  law  for  the  support  of  Institutions  for  the  Education 
of  the  Deaf  and  Dumb,  and  of  the  Blind ;  and,  also,  for  the 
treatment  of  the  Insane. 


392  APPENDIX. 

SEC.  2.  The  General  Assembly  shall  provide  Houses  of  Refuge 
for  the  correction  and  reformation  of  juvenile  offenders. 

SEC.  3.  The  County  Boards  shall  have  power  to  provide 
farms  as  an  asylum  for  those  persons  who,  by  reason  of  age, 
•infirmity,  or  other  misfortune,  have  claims  upon  the  sympathies 
and  aid  of  society. 

ARTICLE  X. 

FINANCE. 

SECTION  1.  The  General  Assembly  shall  provide,  by  law,  for 
a  uniform  and  equal  rate  of  assessment  and  taxation  ;  and  shall 
prescribe  such  regulations  as  shall  secure  a  just  valuation  for 
taxation  of  all  property,  both  real  and  personal,  excepting  such 
only  for  municipal,  educational,  literary,  scientific,  religious  or 
charitable  purposes,  as  may  be  specially  exempted  by  law. 

SEC.  2.  All  the  revenues  derived  from  the  sale  of  any  of  the 
public  works  belonging  to  the  State,  and  from  the  net  annual 
income  thereof,  and  any  surplus  that  may,  at  any  time,  remain 
in  the  Treasury  derived  from  taxation  for  general  State  purposes, 
after  the  payment  of  the  ordinary  expenses  of  the  government, 
and  of  the  interest  on  bonds  of  the  State,  other  than  bank  bonds, 
shall  be  annually  applied,  under  the  direction  of  the  General 
Assembly,  to  the  payment  of  the  principal  of  the  public  debt. 

SEC.  3.  No  money  shall  be  drawn  from  the  Treasury  but  in 
pursuance  of  appropriations  made  by  law. 

SEC.  4.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  published  with  the  laws  of 
each  regular  session  of  the  General  Assembly. 

SEC.  5.  JSTo  law  shall  authorize  any  debt  to  be  contracted,  on 
behalf  of  the  State,  except  in  the  following  cases :  To  meet 
casual  deficits  in  the  revenue;  to  pay  the  interest  on. the  State 
debt;  to  repel  invasion,  suppress  insurrection,  or,  if  hostilities 
be  threatened,  provide  for  public  defense. 

SEC.  6.  No  county  shall  subscribe  for  stock  in  any  incorpo- 
rated company,  unless  the  sumo  be  paid  for  at  the  time  of  such 


CONSTITUTION  OF  THE  STATE.  393 

subscription ;  nor  shall  any  county  loan  its  credit  to  any  incor- 
porated company,  nor  borrow  money  for  the  purpose  of  taking 
stock  in  any  such  company;  nor  shall  the  General  Assembly 
ever,  on  behalf  of  the  State,  assume  the  debts  of  any  county, 
city,  town  or  township,  nor  of  any  corporation  whatever. 

SEC.  7.  No  law  or  resolution  shall  ever  be  passed  by  the 
General  Assembly  of  the  State  of  Indiana  that  shall  recognize 
any  liability  of  this  State  to  pay  or  redeem  any  certificate  of 
stock  issued  in  pursuance  of  an  act  entitled  "An  act  to  provide 
for  the  funded  debt  of  the  State  of  Indiana,  and  for  the  comple- 
tion of  the  Wabash  and  Erie  Canal  to  Evansville,"  passed  Janu- 
ary 19, 1846,  and  an  act  supplemental  to  said  act,  passed  January 
29,  1847,  which  by  the  provisions  of  the  said  acts,  or  either  of 
them,  shall  be  payable  exclusively  from  the  proceeds  of  the  canal 
lands,  and  the  tolls  and  revenues  of  the  canal  in  said  acts  men- 
tioned ;  and  no  such  certificates  of  stocks  shall  ever  be  paid  by 
this  State. 

[NOTE. — Agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses  of  the  General  Assembly,  Regular  Session  of  1871,  and  referred  to  the  Gen- 
eral Assembly  to  be  chosen  at  the  next  general  election.  Agreed  to  by  a  majority 
of  the  members  elected  to  each  house  of  the  General  Assembly,  Special  Session  of 
1872.  Submitted  to  the  electors  of  the  State  by  an  act  approved  January  28,  1873. 
Ratified  by  a  majority  of  the  electors,  at  an  election  held  on  the  18th  day  of  Feb- 
ruary, 1873.  Declared  a  part  of  the  Constitution  by  proclamation  of  Thomas  A. 
Hendricks,  Governor,  dated  March  7,  1873.] 


ARTICLE  XI. 

CORPORATIONS. 

SECTION  1.  The  General  Assembly  shall  not  have  power  to 
establish,  or  incorporate  any  bank  or  banking  company,  or 
moneyed  institution,  for  the  purpose  of  issuing  bills  of  credit, 
or  bills  payable  to  order  or  bearer,  except  under  the  conditions 
prescribed  in  this  Constitution. 

SEC.  2.  No  bank  shall  be  established  otherwise  than  under  a 
general  banking  law,  except  as  provided  in  the  fourth  section 
of  this  article. 


394  APPENDIX. 

SEC.  3.  If  the  General  Assembly  shall  enact  a  general  bank- 
ing law,  such  law  shall  provide  for  the  registry  and  counter- 
signing, by  an  officer  of  State,  of  all  paper  credit  designed  tc 
be  circulated  as  money ;  and  ample  collateral  security,  readily 
convertible  into  specie,  for  the  redemption  of  the  same  in  gold 
or  silver,  shall  be  required ;  which  collateral  security  shall  be 
under  the  control  of  the  proper  officer  or  officers  of  the  State. 

SEC.  4.  The  General  Assembly  may  also  charter  a  bank  with 
branches,  without  collateral  security,  as  required  in  the  preced- 
ing section. 

SEC.  5.  If  the  General  Assembly  shall  establish  a  bank  with 
branches,  the  branches  shall  be  mutually  responsible  for  each 
other's  liabilities,  upon  all  paper  credit  issued  as  money. 

SEC.  6.  The  stockholders  in  every  bank,  or  banking  com- 
pany, shall  be  individually  responsible  to  an  amount  over  and 
above  their  stock,  equal  to  their  respective  shares  of  stock,  for 
all  debts  or  liabilities  of  said  bank  or  banking  company. 

SEC.  7.  All  bills  or  notes  issued  as  money  shall  be,  at  all 
times,  redeemable  in  gold  or  silver;  and  no  law  shall  be  passed, 
sanctioning,  directly  or  indirectly,  the  suspension,  by  any  bank 
or  banking  company,  of  specie  payments. 

SEC.  8.  Holders  of  bank  notes  shall  be  entitled,  in  case  of 
insolvency,  to  preference  of  payment  over  all  other  creditors. 

SEC.  9.  ~No  bank  shall  receive,  directly  or  indirectly,  a  greater 
rate  of  interest  than  shall  be  allowed  by  law  to  individuals 
loaning  money. 

SEC.  10.  Every  bank,  or  banking  company,  shall  be  required 
to  cease  all  banking  operations  within  twenty  years  from  the 
.time  of  its  organization,  and  promptly  thereafter  to  close  its 
business. 

SEC.  11.  The  General  Assembly  is  not  prohibited  from  in- 
vesting the  trust  funds  in  a  bank  with  branches ;  but  in  case  of 
such  investment,  the  safety  of  the  same  shall  be  guaranteed  by 
unquestionable  security. 


CONSTITUTION    OF    THE    STATE.  395 

SEC.  12.  The  State  shall  not  be  a  stockholder  in  any  bank, 
after  the  expiration  of  the  present  bank  charter ;  nor  shall  the 
credit  of  the  State  ever  be  given,  or  loaned,  in  aid  of  any  per- 
son, association,  or  corporation,  nor  shall  the  State  hereafter  be- 
come a  stockholder  in  any  corporation  or  association. 

SEC.  13.  Corporations,  other  than  banking,  shall  not  be  cre- 
ated by  special  act,  but  may  be  formed  under  general  laws. 

SEC.  14.  Dues  from  corporations,  other  than  banking,  shall 
be  secured  by  such  individual  liability  of  the  corporators,  or 
other  means,  as  may  be  prescribed  by  law. 


ARTICLE  XII. 

MILITIA. 

SECTION  1.  The  militia  shall  consist  of  all  able-bodied  white 
male  persons  between  the  ages  of  eighteen  and  forty-five  years, 
except  such  as  may  be  exempted  by  the  laws  of  the  United 
States,  or  of  this  State  ;  and  shall  be  organized,  officered,  armed, 
equipped  and  trained  in  such  manner  as  may  be  provided  by 
law. 

SEC.  2.  The  Governor  shall  appoint  the  Adjutant,  Quarter- 
master and  Commissary  Generals. 

SEC.  3.  All  militia  officers  shall  be  commissioned  by  the 
Governor,  and  shall  hold  their  offices  not  longer  than  six  years. 

SEC.  4.  The  General  Assembly  shall  determine  the  method 
of  dividing  the  militia  into  divisions,  brigades,  regiments,  bat- 
talions and  companies,  and  fix  the  rank  of  all  staff  officers. 

SEC.  5.  The  militia  may  be  divided  into  classes  of  sedentary 
and  active  militia  in  such  manner  as  shall  be  prescribed  by  law. 

SEC.  6.  No  person  conscientiously  opposed  to  bearing  arms 
shall  be  compelled  to  do  militia  duty;  but  such  person  shall 
pay  an  equivalent  for  exemption ;  the  amount  to  be  prescribed 
by  law. 


396  APPENDIX. 

ARTICLE  XIII. 

POLITICAL   AND    MUNICIPAL    CORPORATIONS. 

SECTION  1.  No  political  or  municipal  corporation  in  this 
State  shall  ever  become  indebted,  in  any  manner  or  for  any 
purpose,  to  any  amount,  in  the  aggregate  exceeding  two  per 
centum  on  the  value  of  taxable  property  within  such  corpora- 
tion, to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes,  previous  to  the  incurring  of  such  indebtedness, 
and  all  bonds  or  obligations,  in  excess  of  such  amount,  given 
by  such  corporations,  shall  be  void :  Provided,  That  in  time  of 
war,  foreign  invasion,  or  other  great  public  calamity,  on  peti- 
tion of  a  majority  of  the  property  owners,  in  number  and  value, 
within  the  limits  of  such  corporation,  the  public  authorities,  in 
their  discretion,  may  incur  obligations  necessary  for  the  public 
protection  and  defense,  to  such  an  amount  as  may  be  requested 
in  such  petition. 

[The  original  Article  13  is  stricken  out  and  the  amendment  of  March  24,  1881, 
inserted  in  lieu  thereof.] 

ARTICLE  XIV. 

BOUNDARIES. 

SECTION  1.  In  order  that  the  boundaries  of  the  State  may 
be  known  and  established,  it  is  hereby  ordained  and  declared, 
that  the  State  of  Indiana  is  bounded  on  the  east  by  the  me- 
ridian line  which  forms  the  western  boundary  of  the  State  of 
Ohio ;  on  the  south  by  the  Ohio  River,  from  the  mouth  of  the 
Great  Miami  River  to  the  mouth  of  the  Wabash  River;  on  the 
west,  by  a  line  drawn  along  the  middle  of  the  Wabash  River, 
from  its  mouth  to  a  point  where  a  due  north  line,  drawn  from 
the  town  of  Vincennes,  would  last  touch  the  northwestern 
shore  of  said  Wabash  River;  and  thence  by  a  due  north  line, 
until  the  same  shall  intersect  an  east  and  west  line,  drawn 
through  a  point  ten  miles  north  of  the  southern  extreme  of 
Lake  Michigan ;  on  the  north,  by  said  east  and  west  line,  until 
the  same  shall  intersect  the  first-mentioned  meridian  line,  which 
forms  the  western  boundary  of  the  State  of  Ohio. 


CONSTITUTION    OF    THE    STATE.  :397 

SEC.  2.  The  State  of  Indiana  shall  possess  jurisdiction,  and 
sovereignty  co-extensive  with  the  boundaries  declared  in  the 
preceding  section ;  and  shall  have  concurrent  jurisdiction,  in 
civil  and  criminal  cases,  with  the  State  of  Kentucky  on  the 
Ohio  River,  and  with  the  State  of  Illinois  on  the  Wabash  River, 
so  far  as  said  rivers  form  the  common  boundary  between  this 
State  and  said  States  respectively. 

ARTICLE  XV. 

MISCELLANEOUS. 

SECTION  1.  All  officers  whose  appointment  is  not  otherwise 
provided  for  in  this  Constitution,  shall  be  chosen  in  such  man- 
ner as  now  is,  or  hereafter  may  be,  prescribed  by  law. 

SEC.  2.  When  the  duration  of  any  office  is  not  provided  for 
by  this  Constitution,  it  may  be  declared  by  law;  and  if  not  so 
declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment.  But  the  General  Assem- 
bly shall  not  create  any  office,  the  tenure  of  which  shall  be 
longer  than  four  years. 

SEC.  3.  Whenever  it  is  provided  in  this  Constitution,  or  in 
any  law  which  may  be  hereafter  passed,  that  any  officer,  other 
than  a  member  of  the  General  Assembly,  shall  hold  his  office 
for  any  given  term,  the  same  shall  be  construed  to  mean  that 
such  officer  shall  hold  his  office  for  such  term,  and  until  his 
successor  shall  have  been  elected  and  qualified. 

SEC.  4.  Every  person  elected  or  appointed  to  any  office 
under  this  Constitution  shall,  before  entering  on  the  duties 
thereof,  take  an  oath  or  affirmation  to  support  the  Constitution 
of  this  State  and  of  the  United  States,  and  also  an  oath  of 
office. 

SEC.  5.  There  shall  be  a  seal  of  the  State,  kept  by  the  Gov- 
ernor for  official  purposes,  which  shall  be  called  the  Seal  of  the 
State  of  Indiana. 

SEC.  6.  All  commissions  shall  issue  in  the  name  of  the  State, 
shall  be  signed  by  the  Governor,  sealed  by  the  State  Seal,  and 
attested  by  the  Secretary  of  State. 


398  APPENDIX. 

SEC.  7.  ~No  county  shall  be  reduced  to  an  area  less  than  four 
hundred  square  miles;  nor  shall  any  county  under  that  area  be 
further  reduced. 

SEC.  8.  No  lottery  shall  be  authorized,  nor  shall  the  sale  of 
lottery  tickets  be  allowed. 

SEC.  9.  The  following  grounds  owned  by  the  State  in  In- 
dianapolis, namely :  the  State  House  Square,  the  Governor's 
Circle,  and  so  much  of  outlot  numbered  one  hundred  and  forty- 
seven  as  lies  north  of  the  arm  of  the  Central  Canal,  shall  not 
be  sold  or  leased. 

SEC.  10.  It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  the  permanent  enclosure  and  preservation  of  the 
Tippecanoe  Battle  Ground. 

ARTICLE  XVI. 

AMENDMENTS. 

SECTION  1.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  either  branch  of  the  General  Assem- 
bly; and  if  the  same  shall  be  agreed  to  by  a  majority  of  the 
members  elected  to  each  of  the  two  houses,  such  proposed 
amendment  or  amendments  shall,  with  the  yeas  and  nays 
thereon,  be  entered  on  their  journals  and  referred  to  the  Gen- 
eral Assembly  to  be  chosen  at  the  next  general  election ;  and, 
if  in  the  General  Assembly  so  next  chosen,  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  a  majority  of 
all  the  members  elected  to  each  house,  then  it  shaH~be  the  duty 
of  the  General  Assembly  to  submit  such  amendment  or  amend- 
ments to  the  electors  of  the  State,  and  if  a  majority  of  said 
electors  shall  ratify  the  same,  such  amendment  or  amendments 
shall  become  a  part  of  this  Constitution. 

SEC.  2.  If  two  or  more  amendments  shall  be  submitted  at 
the  same  time,  they  shall  be  submitted  in  such  manner  that  the 
electors  shall  vote  for  or  against  each  of  such  amendments  sep- 
arately ;  and  while  such  an  amendment  or  amendments  which 
shall  have  been  agreed  upon  by  one  General  Assembly,  shall 


CONSTITUTION    OF    THE    STATE.  399 

be  awaiting  the  action  of  the  succeeding  General  Assembly,  or 
of  the  electors,  no  additional  amendment  or  amendments  shall 
be  proposed. 

SCHEDULE. 

This  Constitution,  if  adopted,  shall  take  effect  on  the  first 
day  of  November,  in  the  year  one  thousand  eight  hundred  and 
fifty-one,  and  shall  supersede  the  Constitution  adopted  in  the 
year  one  thousand  eight  hundred  and  sixteen.  That  no  incon- 
venience may  arise  from  the  change  in  the  government,  it  is 
hereby  ordained  as  follows  : 

First.  All  laws  now  in  force,  and  not  inconsistent  with  this 
Constitution,  shall  remain  in  force  until  they  shall  expire  or  be 
repealed. 

Second.  All  indictments,  prosecutions,  suits,  pleas,  plaints 
and  other  proceedings  pending  in  any  of  the  Courts,  shall  be 
prosecuted  to  final  judgment  and  execution;  and  all  appeals, 
writs  of  error,  certiorari  and  injunctions  shall  be  carried  on  in 
the  several  Courts,  in  the  same  manner  as  is  now  provided  by 
law. 

Third.  All  fines,  penalties  and  forfeitures,  due  or  accruing 
to  the  State,  or  to  any  county  therein,  shall  inure  to  the  State, 
or  to  such  county  in  the  manner  prescribed  by  law.  All  bonds 
executed  to  the  State,  or  to  any  officer,  in  his  official  capacity, 
shall  remain  in  force,  and  inure  to  the  use  of  those  concerned. 

Fourth.  All  acts  of  incorporation  for  municipal  purposes 
shall  continue  in  force  under  this  Constitution,  until  such  time 
as  the  General  Assentbly  shall,  in  its  discretion,  modify  or  re- 
peal the  same. 

Fifth.  The  Governor,  at  the  expiration  of  the  present  official 
term,  shall  continue  to  act  until  his  successor  shall  have  been 
sworn  into  office. 

Sixth.  There  shall  be  a  session  of  the  General  Assembly, 
commencing  on  the  first  Monday  of  December,  in  the  year  one 
thousand  eight  hundred  and  fifty-one. 


400  APPENDIX. 

Seventh.  Senators  now  in  office  and  holding  over,  under  the 
existing  Constitution,  and  such  as  may  be  elected  at  the  next 
general  election,  and  the  Representatives  then  elected,  shall 
continue  in  office  until  the  first  general  election  under  this 
Constitution. 

Eighth.  The  first  general  election  under  this  Constitution 
shall  be  held  in  the  year  one  thousand  eight  hundred  and  fifty- 
two. 

Ninth.  The  first  election  for  Governor,  Lieutenant-Governor, 
Judges  of  the  Supreme  Court  and  Circuit  Courts,  Clerk  of  the 
Supreme  Court,^Prosecuting  Attorney,  Secretary,  Auditor,  and 
Treasurer  of  State,  and  State  Superintendent  of  Public  Instruc- 
tion, under  this  Constitution,  shall  be  held  at  the  general  elec- 
tion in  the  year  one  thousand  eight  hundred  and  fifty-two ;  and 
such  of  said  officers  as  may  be  in  office  when  this  Constitution 
shall  go  into  eifect,  shall  continue  in  their  respective  offices 
until  their  successors  shall  have  been  elected  and  qualified. 

Tenth.  Every  person  elected  by  popular  vote,  and  now  in  any 
office  which  is  continued  by  this  Constitution,  and  every,  person 
who  shall  be  so  elected  to  any  such  office  before  the  taking- 
effect  of  this  Constitution  (except  as  in  this  Constitution  other- 
wise provided),  shall  continue  in  office  until  the  term  for  which 
such  person  has  been,  or  may  be,  elected,  shall  expire  :  Provit/cl, 
That  no  such  person  shall  continue  in  office  after  the  taking 
eifect  of  this  Constitution,  for  a  longer  period  than  the  term  of 
such  office  in  this  Constitution  prescribed. 

Eleventh,  On  the  taking  effect  of  this  Constitution,  all  officers 
thereby  continued  in  office  shall,  before  proceeding  in  the  further 
discharge  of  their  duties,  take  an  oath  or  affirmation  to  support 
this  Constitution. 

Twelfth.  All  vacancies  that  may  occur  in  existing  offices 
prior  to  the  first  general  election  under  this  Constitution,  shall 
be  filled  in  the  manner  now  prescribed  by  law. 

Thirteenth.  At  the  time  of  submitting  this  Constitution  to 
the  electors  for  their  approval  or  disapproval,  the  article  num- 
bered thirteen,  in  relation  to  negroes  and  mulattoes,  shall  be 


CONSTITUTION    OF    THE    STATE.  401 

submitted  as  a  distinct  proposition,  in  the  following  form  :  "  Ex- 
clusion  and  Colonization  of  Negroes  and  Mulattoes,"  "Aye," 
or  "No."  And  if  a  majority  of  the  votes  cast  shall  be  in  favor 
<tf  said  article,  then  the  same  shall  form  a  part  of  this  Consti- 
tution, otherwise  it  shall  be  void  and  form  no  part  thereof. 

Fourteenth.  No  article  or  section  of  this  Constitution  shall 
be  submitted  as  a  distinct  proposition  to  a  vote  of  the  electors 
otherwise  than  as  herein  provided. 

Fifteenth.  Whenever  a  portion  of  the  citizens  of  the  counties 
of  Perry  and  Spencer  shall  deem  it  expedient  to  form,  of  the 
contiguous  territory  of  said  counties,  a  new  county,  it  shall  be 
the  duty  of  those  interested  in  the  organization  of  such  new 
county,  to  lay  off  the  same  by  proper  metes  and  bounds  of  equal 
portions  as  nearly  as  practicable,  not  to  exceed  one-third  of  the 
territory  of  each  of  said  counties.  The  proposal  to  create  such 
new  county  shall  be  submitted  to  the  voters  of  said  counties,  at 
a  general  election,  in  such  manner  as  shall  be  prescribed  by  law. 
And  if  a  majority  of  all  the  votes  given  at  said  election  shall 
be  in  favor  of  the  organization  of  said  new  county,  it  shall  be 
the  duty  of  the  General  Assembly  to  organize  the  same  out  of 
the  territory  thus  designated. 

Sixteenth.  The  General  Assembly  may  alter  or  amend  the 
charter  of  Clarksville,  and  make  such  regulations  as  may  be 
necessary  for  carrying  into  effect  the  objects  contemplated  in 
granting  the  same,  and  the  funds  belonging  to  said  town  shall 
be  applied  according  to  the  intention  of  the  grantor. 

Done  in  Convention,  at  Indianapolis,  the  tenth  day  of  Feb- 
ruary, in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
fifty-one,  and  of  the  independence  of  the  United  States,  the 
seventy-fifth. 

GEORGE  WHITFIELD  CARR, 
President  and  Delegate  from  the  County  of  Lawrence. 

Attest :     WM.  H.  ENGLISH, 

Principal  Secretary. 

GEO.  L.  SITES, 
HERMAN  G.  BARKWELL, 
ROBERT  M.  EVANS, 

Assistant  Secretaries. 

26— SCH.  LAW. 


ADDENDA. 


The  original  sections  stricken  out  or  amended  read  as  follows : 


ARTICLE  II. 

SUFFRAGE   AND   ELECTION. 

SECTION  2.  In  all  elections,  not  otherwise  provided  for  by  this  Constitution, 
every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty-one  years  and 
upwards,  who  shall  have  resided  in  the  State  during  the  six  months  immediately 
preceding  such  election ;  and  every  white  male,  of  foreign  birth  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  resided  in  the  United  States  one 
year,  and  shall  have  resided  in  this  Stale  during  the  six  months  immediately  pre- 
ceding such  election,  and  shall  have  declared  his  intention  to  become  a  citizen  of 
the  United  States,  conformably  to  the  laws  of  the  United  States  on  the  subject  of 
naturalization,  shall  be  entitled  to  vote  in  the  township  or  precinct  where  he  may 
reside. 

SEC.  5.     No  negro  or  mulatto  shall  have  the  right  of  suffrage. 

SEC.  14.     All  general  elections  shall  be  held  on  the  second  Tuesday  in  October. 

ARTICLE  IV. 

LEGISLATIVE. 

SECTION  4.  The  General  Assembly  shall,  at  its  second  session  after  the  adop- 
tion of  this  Constitution,  and  every  six  years  thereafter,  cause  an  enumeration  to 
be  made  of  all  the  white  male  inhabitants  over  the  age  of  twenty-one  years. 

SEC.  5.  The  number  of  Senators  and  Representatives  shall,  at  the  session  next 
following  each  period  of  making  such  enumeration,  be  fixed  by  law,  and  appor- 
tioned among  the  several  counties,  according  to  the  number  of  white  male  inhabi- 
tants, above  twenty-one  years  of  age,  in  each  ;  Provided,  That  the  first  and  second 
elections  of  members  of  the  General  Assembly,  under  this  Constitution,  shall  be 
according  to  the  apportionment  last  made  by  the  General  Assembly,  before  the 
adoption  of  this  Constitution. 

SEC.  22.     In  relation  to  fees  or  salaries. 

(402) 


CONSTITUTION    OF    THE    STATE.  403 

ARTICLE  VII. 

JUDICIAL* 

SECTION  1.  The  judicial  power  oi  the  State  shall  be  vested  in  a  Supreme 
Court,  in  Circuit  Courts,  and  in  such  inferior  courts  as  the  General  Assembly  may 
establish. 

ARTICLE  XIII. 

NEGROES  AND  MULATTOES. 

SECTION  1.  No  negro  or  mulatto  shall  come  into,  or  settle  in,  the  State,  after 
the  adoption  of  this  Constitution. 

SEC.  2.  All  contracts  made  with  any  negro  or  mulatto  coming  into  the  State, 
contrary  to  the  provisions  of  the  foregoing  section,  shall  be  void ;  and  any  person 
who  shall  employ  such  negro  or  mulatto,  or  otherwise  encourage  him  to  remain  in 
the  State,  shall  be  fined  in  any  sum  not  less  than  ten  dollars,  nor  more  than  five 
hundred  dollars. 

SEC.  3.  -All  fines  which  may  be  collected  for  a  violation  of  the  provisions  of 
this  article,  or  of  any  law  which  may  hereafter  be  passed  for  the  purpose  of  carry- 
ing the  same  into  execution,  shall  be  set  apart  and  appropriated  for  the  coloniza- 
tion of  such  negroes  an<J  rnulattoes,  and  their  descendants,  as  may  be  in  the  State 
at  the  adoption  of  this  Constitution,  and  may  be  willing  to  emigrate. 

SEC.  4.  The  General  Assembly  shall  pass  laws  to  carry  out  the  provisions  of 
this  article. 


404 


APPENDIX. 


INDEX  TO  CONSTITUTION,  1851. 


INDEX  TO  CONSTITUTION. 


Accused,  rights  of 

Act  to  contain  but  one  subject 

Subject  of,  to  be  expressed  in  title 

Void  only  as  to  subject  not  embraced  in  title 

To  be  plainly  worded  and  technical  words  avoided 

How  amended  

Local  or  special,  when  forbidden 

To  be  general 4 

Vote  of   majority  of  all  members  elected  to  each  House  re- 
quired for  passage  of 

To  be  signed  by  presiding  officer  of  each  House 

To  be  presented  to  the  Governor 5 

If  objected  to  by  the  Governor,  to  be  returned  to  branch  in 

which  it  originated / 5 

May  be  passed  notwithstanding  Governor's  objections 

When  becomes  a  law  without  approval  of  Governor 5 

Not  to  be  presented  to  Governor  within  two  days  next  previous 

to  final  adjournment 5 

Adjournment  by  either  house  of  the  Genera!  Assembly  not  to  be 
for  more  than  three  days  nor  to  another  place  without  con- 
sent of  other 

Adjutant-General  to  be  appointed  by  the  Governor ,    ...        12 

Affirmation,  mode  of  administering 

Agricultural  improvement  to  be  encouraged 

Amendments  to  Constitution,  how  made 

To  be  voted  upon  separately .  •  16 

To  laws,  how  made • 

Apportionment  of  Senators  and  Representatives . .          4 

Appropriation,  no  money  to  be  drawn  from  the  treasury  but  in 

pursuance  of 10 

Arms,  right  of  people  to  keep  and  bear 

Arrest,  when  members  of  General  Assembly  exempt  from  

Search  and  seizure,  right  of,  regulated 

Warrant  for,  to  contain  special  designation 

Electors,  when  exempt  from 

Assessment  and  taxation  to  be  uniform 10 

Attorney  at  law,  who  may  be 

Attorney,  Prosecuting,  to  be  elected 

How  may  be  removed 6 

7 

Auditor,  County — 

To  be  elected 6 

To  hold  office  four  years 6 

Not  eligible  more  than  eight  years  in  any  period  of  twelve  years          6 

Qualifications  of 6 

To  reside  in  county 6 

How  removed 6 

Vacancy  in  office  of,  how  filled 6 


INDEX   TO   CONSTITUTION. 


405 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Auditor,  State- 
To  be  elected 6  1 

To  hold  office  for  two  years 6 

Not  eligible  for  more  than  four  years  in  any  period  of  six  years  6  1 

To  reside  at  the  seat  of  government 6  5 

How  removed 6  7 

Vacancy  in  office  of,  how  filled 5  18 

Bailable,  all  offenses  except  murder  and  treason,  shall  be 17 

Bail,  excessive  not  to  be  required 1  16 

Ballot,  elections  by  people  to  be  by 2  13 

Banks.     See  corporations. 

Bills  may  originate  in  either  house 4  17 

May  be  amended  or  rejected 4  17 

For  raising  revenue  to  originate  in  the  House  of  Representa- 
tives    4  17 

To  be  read  three  times  in  each  house 4  18 

How  passed 4     18,  25 

To  contain  but  one  subject 4  19 

Subject  of,  to  be  expressed  in  title \ 4  19 

To  be  plainly  worded 4  20 

Bill  of  Rights 1 

Boundaries  of  State 14  1 

Bribe,  threat  or  reward  to  secure  an  election  disqualifies  party 

elected '. ,. . . .  2  6 

Census  of  male  inhabitants  over  the  age  of  twenty-one  years  to  be 

made  every  six  years 4  4 

Challenge  to  duel  disqualifies  one  to  hold  office 2  7 

Civil  officers,  election  of,  by  people,  to  be  by  ballot 

Election  of,  by  General  Assembly,  to  be  viva  voce 2  13 

Election  of,  to  be  biennially,  on  the  first  Tuesday  after  the  first 

Monday  in  November 2  14 

Clerk  of  Circuit  Court- 
To  be  elected  by  the  people  of  the  several  counties 6  2 

Term  of  office . 6  2 

Qualifications  of 6  4 

Not  eligible  more  than  eight  years  in  a  period  of  twelve  years.  6  2 

Residence  of 6  6 

Impeachment  and  removal  of 6  8 

Clerk  of  Supreme  Court — 

To  be  elected  by  the  voters  of,  the  State 7  7 

Term  of  office 7  7 

Comm&iider-in-Chief,  Governor  to  be 5  12 

Commissary  Generals  to  be  appointed  by  Governor 12  2 

( 'omnion  good,  people  may  consult  for 1  31 

Com  inon  schools  8  1 

C  'oin pensation  to  be  rendered  for  property  taken  or  services  required  21 

Conciliation,  Courts  of,  may  be  established 7  19 

Congress,  members  of,  shall  not  fill  office  of  Governor  or  Lieuten- 

ant-Governor 5 

Conservators  of  the  peace,  judicial  officers  are 7  15 

Constitution,  how  amended  16  1 

Conviction  of  crime  does  not  work  corruption  of  blood  or  forfeiture 

of  estate . . 1  30 


406 


APPENDIX. 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Convicts,  when  may  be  disfranchised 2 

Coroners,  to  be  elected  by  the  people  of  the  county 6 

Term  of  office 6 

Coroners,  Qualifications  of 6 

Residence  of 6 

Impeachment  of,  and  removal  from  office 6 

Vacancy  in  office  of,  how  filled 6 

Corporations,  banking — 

To  be  established  under  general  laws 11 

May  have  branches 11 

Notes  issued  by  to  be  countersigned 11 

Notes  issued  by  to  be  registered 11 

Notes  issued  by,  redemption  of 11 

Notes  issued  by,  preference  in  payment  of 11 

Stockholders,  liability  of ]  1 

State  not  to  be  stockholder 11 

State  may  invest  trust  funds  in 11 

Corporations,  other  than  banking — 

Not  to  be  created  by  special  act 11 

Stockholders,  liability  of 11 

Corruption  of  blood,  conviction  of  crime  works  not 1 

Council  may  be  established  to  advise  concerning  pardons 5 

Courts,  Circuit — 

Judicial  power  vested  in 7 

7 

State  to  be  divided  into  judicial  circuits 7 

One  judge  for  each  circuit .....    7 

One  judge  to  be  elected  by  voters  of  circuit 7 

Term  of  office  of  judge 7 

Judge  to  reside  in  circuit 7 

Removal  of  Judge  from  office 6 

7 

Impeachment  of  Judge 6 

Salary  of  Judge  not  to  be  diminished  during  term 7 

Ineligibility  of  Judge 7 

Court,  Supreme — 

Judicial  power  vested  in 7 

Jurisdiction  of 7 

Number  of  Judges  of 7 

Term  of  office 7 

4State  to  be  divided  into  districts 7 

'  Judges  to  be  elected  by  electors  of  State 7 

Ineligibility  of  Judge * 7 

Removal  of  Judge  from  office 6 

7 

Impeachment  of  Judge 6 

Salary  of  Judge  not  to  be  diminished  during  term 7 

Courts  may  be  established  by  the  General  Assembly 7 

To  be  open 1 

Of  conciliation  may  be  established 7 

Judges  of,  ineligible  to  certain  offices 7 

County  boards  may  establish  asylums 9 

County  debt  not  to  be  assumed  by  State 10 


INDEX   TO    CONSTITUTION. 
INDEX  TO  CONSTITUTION— Continued. 


407 


INDEX  TO  CONSTITUTION. 


County  not  to  be  divided  in  apportioning  State  for  senatorial  districts  4 
County  not  to  subscribe  for  stock  in  corporation  unless  the  same  is 

paid  for  at  time  of  subscription 9 

Not  to  lend  credit  to  corporation 9 

Liable  for  school  fund 8 

County,  size  of 15 

County  officers,  election  of 6 

Crime,  rights  of  person  accused  of 1 

Conviction  of  does  not  work  corruption  of  blood  or  forfeiture 

of  estate 1 

Criminal  prosecution,  style  of 7 

Trial  by  j  ury  secured 1 

Jury  judge  of  law  and  fact 1 

Debate,  "freedom  of  in  General  Assembly 4 

Debt,  no  imprisonment  for  .  . . . 1 

Public,  certain  moneys  to  be  applied  on 10 

Public,  for  what  purposes  it  may  be  contracted 10 

Municipal,  amount  of  limited 13 

Declaration  of  rights 1 

Defaulters  ineligible  to  office  until  money  is  repaid 2 

Departments,  legislative,  executive  and  judicial,  to  be  kept  sepa- 
rate   3 

Disfranchisement  of  persons  convicted  of  infamous  crime 2 

Disorderly  behavior,  General  Assembly  may  punish  member  for.  .  .  4 

Districts,  senatorial  and  representative 4 

Judicial,   number  of  same  as  number  of  Judges  of  Supreme 

Court 7 

Judicial,  for  Circuit  Court 7 

Duel,  giving  or  accepting  challenge  to  fight,  renders  party  ineligible 

to  office 2 

Duration  of  office,  not  fixed  by  Constitution 15 

Education,  General  Assembly  to  encourage 8 

Elections,  to  be  free  and  equal 

By  the  people,  to  be  by  ballot 2 

By  the  General  Assembly,  to  be  viva  voce 2 

Of  Governor  and  Lieutenant-Governor,  to  be  by  plurality  of 

votes 5 

Election  of  civil  officers  by  the  people,  to  be  on  the  first  Tuesday 

after  the  first  Monday  in  November 2 

Electors,  when  free  from  arrest, 2 

Emigration,  not  to  be  prohibited 1 

Eminent  domain 1 

Enacting  style  of  laws 4 

Equal  privileges,  all  entitled  to 1 

Equality  and  natural  rights  of  all  men 1 

Evidence  against  self,  no  one  required  to  give  in  criminal  prosecu- 
tions   1 

Executive  department,  not  to  exercise  legislative  or  judicial'powers 

Expenses,  statement  of  to  be  published  with  laws 10 

Ex  post  facto  laws  forbidden 1 

Finance 10 

Fines,  excessive  not  to  be  imposed 1 


408 


APPENDIX. 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Freedom  of  debate  in  General  Assembly 4 

Of  speech  and  of  the  press 1 

Of  thought 1 

General  Assembly  to  meet  biennially 4 

Governor  may  call  special  sessions  of 4 

Composed  of  two  Houses 4 

Number  of  members  in  each  House 4 

Freedom  of  debate  in 4 

To  sit  with  open  doors ~. 4 

When  session  may  be  in  secret 4 

General  Assembly  may  establish  courts 7 

May  confer  upon  County  Boards  powers  of  a  local  administra- 
tive character ^ 6 

May  by  Governor  be  convened  at  places  other  than  the  seat  of 

government 5 

Neither  house  shall,  without  the  consent  of  the  other,  adjourn 

for  more  than  three  days,  nor  to  another  place 4 

State  officers  may  be  removed  upon  joint  resolution  of 6 

To  elect  Governor  and  Lieutenant-Governor  when  people  fail 

to  elect 5 

Election  by,  limited  to  what  persons 5 

Not  to  grant  titles  of  nobility  nor  confer  hereditary  distinc- 
tions    1 

Not  to  prohibit  emigration 1 

Pay  of  members  of 4 

Regular  session  of,  length  of  limited 4 

Special  session  of,  length  of  limited 4 

Members  of  ineligible  to  certain  offices 4 

Quorum  of 4 

Less  than  a  quorum  may  adjourn  and  may  compel  attendance 

of  absent  members 4 

To  invest  common  school  fund 8 

To  provide  for  uniform  and  equal  rate  of  assessment  and  taxa- 
tion  , 10 

May  grant  pardon  for  treason 5 

Each  house  of  judge  of  election,  qualification  and  return  of 

its  members „ 4 

Each  house  to  have  all  powers  necessary  for  a  branch  of  the 

legislative  department  of  a  free  and  independent  State 4 

Governor — 

To  be  elected  every  four  years 5 

Term  of  office 5 

Elected  by  plurality  vote 5 

Not  eligible  more  than  four  years  in  any  period  of  eight  years.  5 

Qualifications 5 

Who  may  not  be 'm%\  5 

Term  of  office,  when  it  begins 5 

Election  of,  determined  by  General  Assembly 5 

When  elected,  by  General  Assembly 5 

Cominander-in-Chief . 5 

To  appoint  Adjutant,  Quartermaster  and  Commissary  Generals.  12 

Veto  power  of 5 

Vacancy  in  office  of 5 


INDEX   TO   CONSTITUTION. 


409 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Governor —  Continued. 

To  give  General  Assembly  information 5  13 

May  require  information  in  writing  from  officers  of  administra- 
tive departments  5  15 

To  appoint  officers  to  fill  vacancies 5  18 

To  grant  pardons  and  reprieves 5  17 

To  grant  pardon  only  with  consent  of  counsel,  when 5  17 

To  issue  writs  of  election  to  fill  vacancy  in  General  Assembly.  5  19 

During  term,  ineligible  for  other  office 5  24 

To  sign  all  commissions 15  6 

To  keep  State  seal 15  5 

Grand  Jury  system  may  be  modified  or  abolished 7  17 

Habeas  corpus,  privileges  of  writ  of,  not  to  be  suspended  except. . .  1 

Hereditary  distinctions  not  to  be  conferred 1  85 

House  of  Representatives — 

Members  of,  may  be  instructed  by  the  people 1  31 

Qualifications  of  members 4  7 

Number  of  members 4  2 

Members  of,  when  exempt  from  arrest 4  8 

Members  of,  when  exempt  from  civil  process 4  8 

Bills  for  raising  revenue,  to  originate  in 4  17 

Not  to  adjourn  for  more  than  three  days,  nor  to  another  place 

without  consent  of  Senate 4  10 

Quorum  of 4  11 

Less  than  a  quorum  may  adjourn  and  may  compel  attendance 

of  absent  members 4  11 

To  choose  its  officers  and  establish  rules • 4  10 

Judge  of,  the  election  and  qualifications  of  its  members 4  10 

May  punish  or  expel  its  members 4  14 

May  punish  for  contempt 4  15 

Privileges  of  members 4  8 

Election  of  members  of 2  14 

Impeachment  of  State  officers  by 6  7 

Shall  keep  and  publish  journal 4  12 

Member  of,  may  have  protest  entered  on  journal 4  26 

Election  by,  of  civil  officers  to  be  viva  wee 2  13 

Pay  of  members 4  29 

Returns  of  vote  for  Governor  and  Lieutenant-Governor  to  be 

made  to 5  4 

House  of  Refuge 9  2 

Impeachment  of  State  officers 6  7,  8 

Trial  in  case  of 6  7 

Of  county,  township,  town  and  city  officers 6  8 

Imprisonment  for  debt  prohibited 1  22 

Incompatible  offices 2  9 

5  8 

Infamous  crime,  person  convicted  of,  may  be  disfranchised  and  ren- 
dered ineligible  for  office 2  8 

Inhabitants,  census  of  male 4  4 

Insane,  institutions  for 9  1 

Institutions  for  insane 9  1 

Instructing  of  representatives 1  31 

Jeopardy,  no  person  to  be  twice  put  in 1  14 


410 


APPENDIX. 
INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Joint  resolutions,  how  passed  and  authenticated 

Governor  may  remove  State  officers  upon 6 

Journal,  each  house  to  keep  and  publish 

Protest  of  member  of  General  Assembly  may  be  entered  on.    .  4 

Veto  of  Governor  to  be  entered  on 5 

Judges  during  term  for  which  they  are  elected  not  eligible  to  any 

office  other  than  judicial 7 

How  removed  from  office 6 

7 

Special '••/*'. 

Judges  of  Circuit  Courts  to  be  elected  by  people  of  district 

Term  of  office 

To  reside  in  district 

To  be  paid  a  fixed  salary 

Number  of,  determined  by  General  Assembly  , 7 

Judges  of  Supreme  Court,  number  of 

Term  of  office 7 

Judges  of  Supreme  Court  to  be  elected  by  people 7 

To  reside  in  judicial  district 7 

To  be  paid  a  fixed  salary 

Judicial  Department,  not  to  exercise  legislative  or  executive  powers 

Jurisdiction  of  State , 14 

Jury,  trial  by,  secured  in  criminal  cases 1 

Trial  by,  in  civil  cases 

In  criminal  cases,  judges  of  the  law  and  of  the  facts 1 

Justices  of  the  Peace,  to  be  elected 7 

Juvenile  offenders 9 

Law,  every  statute  a  public,  unless 4 

Jury,  judges  of,  in  criminal  cases 1 

Laws,  for  injury  to  persons,  property,  or  reputation-,  to  have  remedy 

in 1 

Power  of  suspension,  only  in  General  Assembly 1 

Ex  post  facto  prohibited 1 

Local  and  special  forbidden 4 

To  take  effect  as  provided  in  Constitution 1 

When  to  take  effect 4 

Revision  of 7 

Lawyer,  who  may  become 7 

Legislative  department  not  to  exercise  executive  or  judicial  power.  3 

Legislative  power,  General  Assembly  has 4 

Libel,  in  prosecutions  for,  truth  a  justification 1 

Liberty  of  the  press 1 

Literature  and  science  to  be  encouraged 8 

Lieutenant-Governor — 

To  be  elected  quadrennially 5 

Time  of  election 5 

Elected  by  plurality  vote /. 5 

Term  of  office 5 

When  term  begins 5 

Qualifications 5 

Who  may  not  be 5 

Election  of  determined  by  General  Assembly 5 

When  to  be  elected  by  General  Assembly 5 


INDEX    TO    CONSTITUTION.. 
INDEX  TO  CONSTITUTION— Continued. 


411 


INDEX  TO  CONSTITUTION. 


_« 
"o 

< 

Section. 

5 

21 

5 

21 

5 

22 

5 

24 

5 

10 

5 

10 

6 

7 

4 

22 

15 

8 

1 

16 

1 

1 

12 

1 

5 

12 

12 

2 

12 

3 

12 

3 

12 

4 

12 

5 

12 

6 

1 

33 

1 

6 

1 

17 

10 

6 

5 

12 

1 

8 

15 

4 

1 

13-19 

2 

6-10 

2 

9 

12 

3 

15 

6 

15 

2 

15 

3 

6 

1 

7 

3,9 

5 

3 

4 

2 

5 

17 

5 

17 

5 

17 

4 

25 

1 

18 

1 

32 

1 

31 

1 

31 

1 

31 

1 

12 

1 

12 

Lieutenant-Go  vernor  —  Continued. 

President  of  the  Senate  ..................................  ... 

When  may  vote  ........................................... 

Pay  of  .................................................... 

Ineligible  for  other  offices  .................................. 

Becomes  Governor  on  vacancy  in  office  of  Governor  .......... 

Vacancy  in  office  of  ........................................ 

How  removed  from  office  ................................... 

Local  and  special  laws  prohibited  ............................... 

Lotteries  prohibited  ............................................ 

Magistrates  and  courts  not  to  demand  excessive  bail,  nor  to  im 
pose  excessive  fines  nor  inflict  cruel   and   unusual   punish 
ments  ............................  :  ..................... 

Men  created  eq  ual  ............................................. 

Militia,  of  whom  composed  ........  .  ............................. 

Governor  Commander-in-Chief  .............................. 

Governor  to  appoint  certain  officers  ......................... 

All  officers  of  to  be  commissioned  by  Governor  ............... 

Term  of  office  of  officers  of  .................................. 

Divisions  of  ...........................................  .... 

Sedentary  and  active  ....................................... 

What  persons  exempt  from  duty  ............................ 

Subordinate  to  civil  power  .............  .  .................... 

Moneys  not  to  be  drawn  from  treasury  for  benefit  of  religious  or 
theological  institutions  .................................. 

Murder  and  treason,  when  bailable  .............................. 

Municipal  debt  not  to  be  assumed  by  State  ...................... 

Naval  forces.  Governor  Commander-in-Chief  of  ..............  .... 

Oaths  and  affirmations,  how  administered  ........................ 

Of  office  .................................................. 

Offenses  and  crimes,  prosecutions  for,  regulated  .................. 

Office  of  trust,  certain  persons  not  to  hold  ....................... 

Offices,  plurality  of,  prohibited  in  certain  cases  .................. 

Officers,  commissions  of  ..........................  „  ............. 


Office,  term  of,  when  not  fixed  by  Constitution  .  .  .  .  „  .............. 

Officers  holding  over  ........................................... 

Administrative,  to  be  elected  ............................... 

Judicial,  to  be  elected  ..................................... 

Executive,  to  be  elected  .................................... 

Legislative,  to  be  elected  ................................... 

Pardon,  Governor  may  grant  ................................... 

Consent  of  Council  required,  when  .......................... 

In  cases  of  treason  General  Assembly  may  grant  ............. 

Passage  of  bills  ................................................ 

Penal  code  based  on  reformation  ................................ 

People  have  right  to  keep  and  bear  arms  ......................... 

Have  right  to  assemble  and  consult  for  common  good  ......... 

Have  right  to  instruct  Representatives  ...................... 

Have  right  to  petition  for  redress  of  grievances  ............... 

Have  right  to  remedy  for  wrongs  done  ....................... 

Person,  property  and  reputation,  for  injury  to  people  shall  have 
remedy  ........  ,  ........................................ 


412 


APPENDIX. 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Persons  in  custody  not  to  be  treated  with  unnecessary  rigor 1 

Petition,  right  of 1 

Plurality  of  offices 2 

Plurality  of  votes,  Governor  and  Lieu  ten  ant-Governor  elected  by  . .  5 

Power  inherent  in  the  people 1 

Power  of  each  house  of  General  Assembly 4 

Press,  liberty  of , 1 

Private  property  taken  for  public  use,  compensation  to  be  made  for  1 

Prosecutions  for  crimes  and  offenses  regulated 1 

Pro  tempore  appointment  to  office 2 

Protest,  member  of  General  Assembly  may  enter  on  Journal 4 

Public  grounds  certain  not  to  be  sold  or  leased 15 

Public  Instruction,  Superintendent  of 8 

Publication  of  statutes 4 

Punishments  cruel  and  unusual  not  to  be  inflicted 1 

Qualifications — 

Of  a  voter 2 

Of  Governor 5 

Of  Lieutenant-Governor 5 

Of  Senators 4 

Of  Representatives  4 

Of  county  officers g 

Each  house  judge  as  to,  of  members 4 

Quorum — 

Of  Senate  4 

Of  House  of  Representatives 4 

Of  Supreme  Court 7 

Receipts  and  expenses,  statement  of  to  be  published  with  laws 10 

Recorder,  County — 

To  be  elected  by  voters  of  county 6 

Time  of  election g 

Term  of  office  four  years g 

Not  eligible  for  more  than  eight  years  in  any  period  of  twelve 

years 6 

Qualifications  of g 

Residence  of g 

Impeachment  of g 

How  removed  from  office g 

Vacancy  in  office  of,  how  filled 6 

Reformation  basis  of  penal  code I 

Registration  of  voters 

Religious  sect  or  denomination,  no  subordination  of  one  to  another! !  1 

Religious  worship,  national  right  to  all  men 1 

Opinion  free  to  all 

Test  none  as  a  qualification  for  office ...... 

Religious  institutions  not  to  be  aided  with  public  moneys. .  '.'. .  .  '. 
Remedies  by  recourse  to  the  law  to  be  free,  complete  and  prompt '. . 
Representatives — 

Number  of 4 

Qualifications  of 

Term  of  office  of 

Apportionment  of 

Privileges  of ........!......  4 


INDEX    TO    CONSTITUTION. 


413 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Residence  not  acquired  by  soldiers,  seamen  and  marines  in  the  army 

or  navy  of  the  United  States  by  being  stationed  within  State.  2 

Necessary  qualification  for  voter 2 

Siiiiors,  soldiers  and  marines  in  the  army  or  navy  of  the  United 
States  do  not  acquire  a  residence  by  being  stationed  within 

the  State  and  can  not  vote 2 

Salaries  of  judges  of  supreme  and  circuit  courts  not  to  be  dimin- 
ished during  term 7 

Schools,  common 8 

School  fund 8 

County  liable  for 8 

Seal,  State,  to  be  kept  by  Governor 15 

Seamen.     See  Soldiers. 

Search,  seizure  and  arrest,  right  of  regulated 1 

Secretary  of  State- 
To  be  elected  by  the  people 6 

To  hold  office  for  two  years 6 

Not  eligible  for  more  than  four  years  in  any  period  of  six  years.  6 

To  reside  at  seat  of  government 6 

How  removed  from  office 6 

Vacancy  in  office  of,  how  filled 5 

To  attest  all  commissions 15 

Senate,  number  of  members  of 4 

To  be  elected 4 

Time  of  election 2 

Qualification  of  members  of 4 

When  members  of,  are  privileged  from  arrest 4 

Not  to  adjourn  for  more  than  three  days  nor  to  another  place 

without  consent  of  House 4 

Quorum  of 4 

To  establish  rules  and  choose  officers 4 

Judge  of  election  and  qualification  of  members 4 

May  punish  or  expel  members 4 

May  punish  for  contempt 4 

Shall  try  impeachments  by  the  House 6 

Vacancies,  how  filled 5 

Apportionment  of  members 4 

Lieutenant-Governor,  president  of 5 

President  pro  tern,  of 5 

Shall  keep  and  publish  journal 4 

Members  of,  may  have  protest  entered  on  journal 4 

Services,  when  particular  are  required  by  State — 

Compensation  to  be  made 1 

Sheriff  to  be  elected 6 

Term  of  office 6 

Not  eligible  more  than  four  years  in  any  period  of  six  years  . .  6 

Qualifications  of 6 

Residence  of 6 

How  removed  from  office 6 

Vacancy  in  office  of,  how  filled 6 

Slavery  prohibited 1 


414 


APPENDIX. 
INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Soldier,  in  time  of  peace,  not  to  be  quartered  in  any  house  without 
consent  of  owner,  nor  in  time  of  war  but  in  manner  pre- 
scribed by  law 1 

Soldiers,  seamen  and  marines  in  the  army  or  navy  of  the  United 
States  do  not  gain  residence  in  State  by  being  stationed 

therein  and  can  not  vote 2 

Special  acts,  when  prohibited 4 

Speech,  freedom  of . . 1 

State- 
Provisions  may  be  made  for  suits  against 4 

Not  to  assume  municipal  indebtedness  nor  debt  of  corporation.  10 

Shall  not  pay  indebtedness  of  W abash  and  Erie  Canal 10 

Boundaries  of 14 

Jurisdiction  of 14 

State  institutions — 

For  deaf  and  dumb 9 

For  insane 9 

For  juvenile  offenders 9 

County  asylums 9 

State  seal  to  be  kept  by  Governor 15 

Statement  of  receipts  and  expenses  to  be  publisked  with  laws 10 

Statutes  are  public  laws 4 

When  to  take  effect 4 

1 

Superintendent  of  Public  Instruction 

Supreme  Court — 

Number  of  Judges 7 

To  be  elected  by  people 7 

Jurisdiction  of 7 

Salaries  of  Judges  to  be  fixed 7 

Quorum  of 7 

Removal  of  Judges  from  office 6 

Removal  of  Judges  from  office 7 

Judicial  districts 7 

Decisions  to  be  in  writing 7 

Decisions  of,  to  be  printed 7 

Clerk  of,  to  be  elected • 7 

Term  of  office , 7 

Duties , . . .  7 

Surveyor,  County,  to  be  elected  by  voters  of  county 6 

Time  of  election 6 

Term  of  office,  two  years  .  . . .- 6 

Qualification  of 6 

Residence  of 6 

Impeachment  of '      Q 

How  removed  from  office 6 

Vacancy  in  office  of,  how  filled 8 

Suspension  of  laws 1 

Of  writ  of  habeas  corpus 1 

Taxation  to  be  uniform  and  equal 10 

What  property  may  be  exempted  from 10 

Test,  no  religious,  required  for  office 1 

Theological  institution  not  to  be  aided  by  State I 


INDEX   TO    CONSTITUTION. 


415 


INDEX  TO  CONSTITUTION— Continued. 


INDEX  TO  CONSTITUTION. 


Tippecanoe  battle-ground 15 

Title  of  nobility  not  to  be  granted 1 

Town  and  township  officers,  how  impeached 6 

Town  and  township  officers,  how  removed 6 

Town  and  township  offices,  vacancies  in,  how  filled 6 

Township  officers,  election  of 6 

Treason  defined 1 

Trial  for   regulated . . , 1 

When  bailable 1 

General  Assembly  may  grant  pardon  for 5 

Treasurer,  County — 

To  be  elected  by  votes  of  county 6 

Time  of  the  election 6 

Term  of  office 6 

Not  eligible  more  than  four  years  in  any  period  of  six  years. .  6 

Qualifications  of 6 

Residence  of 6 

Impeachment  of 6 

How  removed  from  office 6 

Vacancy  in  office  of,  how  filled 6 

Treasurer,   State 

To  be  elected  by  the  voters  of  the  State 6 

Term  of  office,  two  years 6 

Duties  of 6 

Not  eligible  more  than  four  years  in  any  period  of  six  years. .  6 

May  be  impeached 6 

May  be  removed  on  joint  resolution 6 

Vacancy  in  office  of,  how  filled 5 

Residence  of 6 

Trial  by  jury,  right  to  in  civil  cases  secured 1 

Right  to  in  criminal  cases  secured 1 

Vacancy  — 

In  the  office  of  Governor 5 

In  the  office  of  Lieutenant-Governor 5 

In  the  office  of  Senator  or  Representative 5 

In  a  judicial  office 5 

In  the  office  of  any  other  State  officer 5 

In  county,  township  and  town  office 6 

Veto  power  of  Governor 5 

Voters,  registration  of 2 

Qualifications  of  , 2 

When  soldiers,  seamen  and  marines  are  not 2 

When  exempted  from  arrest 2 

Wabash  and  Erie  Caual,  debts  of,  not  to  be  paid  by  State 10 

Witness  not  incompetent  by  reason  of  religious  opinions 1 

To  meet  accused  face  to  faoe 1 

In  criminal  cases  one  not  obliged  to  be  against  himself 1 

Worship,  people  to  be  secured  in  right  to 1 

Yeas  and  nays,  vote  by — 

When  may  be  ordered  on  motion  to  adjourn 4 

When  may  be  ordered  generally : 4 

Required  on  final  vote  on  passage  of  bill  or  joint  resolution... .  4 


ADDENDUM. 


[1865,  p.  1.    Approved  and  in  force  March  6, 1865.] 

650.  Voters  at  school  meetings.  15.  Any  person  who  is 
a  voter  at  township  elections,  and  has  no  children  in  charge  be- 
tween the  ages  of  six  and  twenty-one  years,  by  making  appli- 
cation to  the  Trustee  of  his  township  while  the  enumeration  is 
being  made,  and  by  indicating  to  said  Trustee  his  selection  of 
the  school  to  which  he  desires  to  be  attached,  may  have  his 
name  listed  by  said  Trustee  on  the  enumeration  list,  and  be 
attached  to  the  school  selected,  and  thus  become  entitled  to  the 
privileges  of  said  school,  and  be  a  voter  at  its  school  meetings. 
Such  persons,  together  with  the  parents,  guardians  and  heads  of 
families  mentioned  in  section  fourteen,  and  the  persons  trans- 
ferred from  other  townships  and  attached  to  said  school,  as  pro- 
vided in  sections  fourteen  and  sixteen  of  this  act,  shall  be  the 
only  persons  entitled  to  vote  at  the  meetings  of  the  school  so 
selected,  and  all  other  persons  shall  be  excluded  from  voting  at 
such  meetings. 

1.  NOTE.     In  Carnahan  v.  State,  155  Ind.  156,  the  Supreme  Court  intimates 
that  the  above  section  is  still  in  force,  and  calls  attention  to  the  fact  that  it  has 
been  omitted  from  all  the  revisions  of  the  statutes  of  this  State  made  since  1870. 

2.  Section  14,   referred  to,   is  the  section  that  preceded  section  141  of  this 
revision  of  the  school  law,  and  which  takes  the  place  of  section  14;   and  section 
16  is  the  section  that  preceded  section  142,  and  which  takes  its  place. 


},  p.  240.    Approved  and  in  force  March  3, 1899.] 

651.  Traffic  in  examination  questions.  10.  That  whoso- 
ever shall  sell,  trade,  barter,  or  give  away,  or  offer  to  sell,  bar- 
ter or  give  away  to  applicants  for  license,  or  to  any  other  person ; 
or  whosoever  shall  buy,  purchase,  barter  or  trade  for,  or  accept  as 
donee,  the  questions  prepared  by  the  State  Board  of  Education, 
to  be  used  by  County  School  Superintendents  in  the  examination 
of  teachers,  or  in  any  way  dispose  of  or  accept  as  donee  said 
questions  or  otherwise,  contrary  to  the  rules  prescribed  by  said 
State  Board  of  Education,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  fined  in  any  sum  not  less 
than  fifty  nor  more  that  five  hundred  dollars 

(416) 


INDEX. 


ACCOUNTS-  PAGE.          SEC.    NOTE. 

Corrected  by  County  Commissioners 145  132 

Mistake  in  failure  to  keep,  overpayment 127             4 

Neglect  to  keep,  no  recovery  for  overpayment 129 18 

Open  to  inspection 145       130-131 

Record  of  to  be  kept  by  Trustee  , . . . , 130  106 

Trustees  must  keep 126  105 

ADVISORY  BOARD— 

Adjournments  of / 264  346 

Annual  meetings 266-270       348-353 

Attorney  fees  may  pay 268  351 

Chairman  of 264  346 

Duties 264  346 

Election  of  members 264  346 

Estimate  of  expenditures 266-267      348-349 

Power  of  Board  as  to 267  349 

Financial  record 269  352 

Meetings 264-270      346-353 

Special 268  351 

Members,  election 264  346 

Notice  of  meetings 266  348 

Oath 264  346 

May  administer  to  witnesses 270  353 

Pay  of  members 268  350 

Of  Trustees,  determines 273  356 

Quorum ,  264  346 

Record,  keeps 264  346 

School  houses,  new 272  355 

School  supplies 272  355 

Settlements  by  Trustees  with 270  353 

Failure  to  make 270  353 

Taxes,  levies 264  346 

Taxpayers  may  attend 266  347 

Hearing  have 266  347 

Terms  of  members 264  346 

AFFIDAVIT— 

Failure  to  give  does  not  render  law  invalid 300                              1 

Publishers  of  school  books  to  furnish 65  27 

27— Sen.  LAW.  (417) 


418  SCHOOL    LAW    OF    INDIANA. 

AGE —                                                                                                                                               PAGB.  SRC.       NOTE. 

Children  (of)  subject  to  compulsory  Education  Law  . . .   260  334 

School  children 151  141 

ALCOHOL— 

Effect  on  the  human  system  to  be  taught 205  228 

Teachers  examined  as  to  effect 206 

Dismissal  for  refusing  to  teach 206  230 

ALIENS— 

When  may  be  elected  School  Trustee 126  8 

APPARATUS— 

Trustee  furnishes 131  108 

APPEAL— 

Dismissal  of  County  Superintendent 93  ....           7 

Who  serves  in  meantime 93  ....           7 

Examination,  teachers  may  appeal  from 97  ....           2 

Excluding  pupil  from  school 219  247 

Howtaken ' 219  ....           1 

Notice  of,  in  suit  brought 255  326 

School  house 

Decision  on  final 208  6 

Effect  of 208  ....        2,4 

Petition  for  not  necessary  to  authorize 209  ....           1 

To  County  Superintendent — 

Decision  of  on  local  question  final 256  327 

Director,  from 219  247 

Location  of  school  house 256  ....       1,2 

Notice  of  hearing 255  326 

Record,  Trustee  refusing  to  make 257  ....           6 

Refusing  to  decide 257  ....           7 

School  house,  to  build,  no  appeal 256-257  1,  8 

Time  of 257  328 

Transfer , 257  ....           8 

Trial  before,  how  conducted 257  ....           3 

Trustee,  from 256  327 

To  Superintendent  of  Public  Instruction — 

Bond  for  costs  necessary 257  328 

From  County  Superintendent 105  86 

How  taken - 105  86 

Trial,  how  conducted 257  1 

258  ....  2,  3,  4 

Transfers,  concerning .  156  ....           3 

156  ....         13 
APPORTIONMENT- 

Amount  of  revenue  apportioned 162  156 

How  determined 162  3 

Congressional  township  fund 276  ....           2 


INDEX. 


419 


'  APPORTIONMENT— Continued.  PAGE.  SEC.    KOTE. 

County  Auditor  to  township 164  161 

Congressional  township  fund 164  161 

How  made 164  161 

Method  valid 165  1 

Report  as  to 164  161 

Rule  for  making 160  4 

Diminished  for  Trustee's  neglect  to  report 144  127 

Distribution  to  counties 162  158 

Dog  fund,  city  entitled  to  a  part 167  ....  1 

How  made 167  2 

Town  entitled  to  a  share  of 167  1 

When  made 166  163 

Enumeration,  retaken,  void  for 159  149 

How  made 162  156 

Interest  on  sinking  fund 166  162 

Liquor  license  fund 276  2 

Law  as  to  constitutional 1 62  ....  2 

Payment  to  counties 162  158 

Printed  statement  concerning 162  157 

Where  filed 162  157 

Reports  from  counties  concerning 160  152 

Contents  of 160  153 

Revenue  of 56  13 

Superintendent  of  Public  Instruction  makes 160  151 

Revenue  (of)  makes 160-162       151-156 

Tax  for  school  revenue  for  tuition  fund 145  133 

Tuition,  local,  tax,  is  not 164  161 

Unapportioned  balances  of  revenue 164  160 

Warrant  for  given  to  County  Treasurer 163  159 

What  funds  by  County  Auditor 276  ....  2 

By  Superintendent  of  Public  Instruction 276  ....  2 

When  made 160  151 

APPROPRIATIONS— 

Farmers'  Institute,  to  support 361  621 

Normal  School,  for  buildings 321  ....  1 

Repealed 363  624 

Purdue  University,  for,  repealed 363  624 

School  Book  Commission,  for 72-75-90    39-45-69 

State  University,  for,  repealed 363  624 

Traveling  expenses  of  Superintendent  Public  Instruction     57  15 

ASSAULT  AND  BATTERY— 

What  i.s  in  punishing  pupil 218  ....  3 

ATTORNEY  FEES— 

Can  not  be  deducted  from  school  funds 278  ....  4 

276  ....  3,  4,  6 
County  Superintendent,  when  liable  on  official  bond  for.     77  48 


420 


SCHOOL    LAW    OF    INDIANA. 


ATTORNEY  FEES- Continued. 

School  books,  suit  concerning    

School  funds,  can  not  be  deducted  from 


Suit  on  County  Superintendent's  bond  concerning  school 

books  

Township  not  liable  for 

Trustee  in  suit  on  official  bond  concerning  school  books. 

ATTORNEY-GENERAL— 

Sues  School  Book  Contractor  on  bond,  when 

Suit  concerning  school  fund,  may  bring   


PAGK. 

'2-83 

54 

278 

27(3 

70 
118 
70 


AUDITORS— 

County  Auditors,  see. 

AUTHOR— 

Revises  his  books,  when. . . 

School  books,  may  furnish 

Gift  of,  may  make 


BANK— 

Deposit  of  school  funds  in,  liability 

BANK  STOCK— 

Liable  to  tax  levy  . .  


90 
278 


85 
65 
65 


116 


14: 


BANK  TAX  FUND— 

Common  school  fund  belongs  to  ....................  51-275 

BEQUEST— 

Donations,  see. 

To  schools  .........................................   224 

BIBLE— 

Not  to  be  excluded  from  schools  ..............  :  ......   200 

Use  of,  in  schools  ...................................   200 

BLANKS— 

Superintendent  of  Public  Instruction,  prepare  ........     58 


BONDS— 

Appeal  from  County  Superintendent  .................   257 

Cities  may  sell  .....  ................................   168 

Donations  for  school  house,  to  aid  ...................    224 

Interest  on,  rate  of  ..........................  .  .    224 

Issue  of,  limited  ..............................  .  .   224 

Petition  for  issuance  of  .........................   224 

Recording  .................................   224 

Registering  ................................    224 

Sale  of  bonds  .....  ............................   225 

Vote  necessary  to  authorize  issuance  .............   224 

Majority  of,  what  is  ........................   224 


SEC.       NOTE. 

46-60 

4 

4 

....  3,  4,  6 


36 


34 


64 

27 

27 


2-359 


255 


18 

328 
164 
255 
255 
255 
256 
256 
256 
257 
255 
256 


26 


13 


INDEX. 


421 


BONDS— Continued.  PAGE.  SBC.     NOTE. 

Library  for,  issued  by  School  Commissioners 239  289 

Denomination 239  289 

Interest,  rate  of 239  289 

Limit 239  289 

Kenewal  of  forbidden 239  289 

Tax  to  pay 1 240  290 

School  Commissioners  may  issue 178  177 

179  178 

Interest  on,  rate  of 178  177 

179  178 

Limit  of  issue 178  177 

179  178 

School  house  to  complete 168  164 

Denominations  on 168  164 

Interest  on 168  164 

Leave  to  issue,  who  grants. , 168  164 

Limit  of  amount. . : 168  164 

Petition  to  secure  issuance 168  164 

Tax  to  pay 170  166 

Application  of 170  166 

Limit  of 170  166 

School  house,  conditions  authorizing  issuance  of 168  164 

169  ....  1 

House,  where  located 169  3 

Law  authorizing  valid 169  ....  2 

Tax  for,  must  levy 171  2 

School  house,  to  complete,  enjoining  issuance  of 169  6 

Use  of  proceeds 170  165 

Bond  to  secure 170  165 

State  University,  non-negotiable,  issued  to 326  487 

Surplus  special  revenue  paid  on 141  123 

Payments  heretofore  legalized 142  124 

Taxation  to  pay 170  166 

Towns  may  sell , 168  164 

129  ....         11 

Townships  may  issue,  when 224-225      255-257 

129  ....         11 

Transfers  liable  for  tax  to  pay 170  166 

BONDS,  OFFICIAL— 

Borrowed  money,  when  does  not  cover 124  ....  1 

City  School  Trustees  give 119  100 

Amount 119  100 

Approval , 119  100 

Treasurer  of  Board  gives 119  100 

Amount 119  100 

County  Superintendent  gives 91  73 

Additional,  concerning  school  books 70  35 

Liability  on 70  36 


422  SCHOOL    LAW    OF   INDIANA. 

BONDS,  OFFICIAL— Continued.                                                 PAGE.  SEC.     NOTE. 

Obligation  of 70  35 

Keinovftl  for  neglecting  to  file „ . . , .     70  35 

94  ....         19 

Amount  of , 91  73 

Approved  by  County  Auditor 91 

Surety  to  be  freeholder 91  73 

Damages,  ten  per  cent,  added  in  suit  on 126  ....          12 

Defects  in,  officer  can  not  deny  liability  on 130  21 

Extent  of  liability 126  ....  11,  13 

Overpayments  by  Township  Trustees,  set  off 126  ....           7 

School  books,  bond  on  revision 89  68 

Contractor  of,  new,  when  gives 90  70 

Neglect  to  give , 90  70 

Suit  on,  for  sales  of  books 7»>  34 

Trustee  liable  for  sales,  on 76  46 

Trustee's 124  104 

Amount  of 124  104 

Failure  to  report,  liable  on 144  127 

Loss  of  funds,  liable  on  for 1 27  ....           2 

Neglect  of  duty  , 144  128 

127  ....  4 
School  books,  liable  for,  on 68  32 

73  42 

76  46 

Attorney  fees,  covers 83  60 

Judgment  on,  kind 83  60 

Neglect  as  to 83  60 

Township  Trustee's,  covers  both  civil  and  school 

township 126  13 

Woman,  married,  can  give 259  331 

BOOKS— 

Corrected  by  County  Commissioners 145  132 

County  Superintendent  delivers  to  successor 100  80 

Delivering  of  to  successor,  secured  by  mandate 121  12 

128  ....  5 

Inspecting,  public  may 131  ....           2 

School  books,  see 

Trustee's,  open  to  inspection 145       130-131 

BOOKKEEPING— 

Forms  and  modes  of,  who  prescribe 58  19 

BOONVILLE— 

Bonds,  may  issue 170  8 

BOKKOWING  MONEY— 

Funds  on  hand,  none  can  be  borrowed 116  ....         14 

Powers  of  Township  Trustee  as  to 115  ....          10 


INDEX.  423 

BORROWING  SCHOOL  FUND—                                          PAGE.  SEC.    NOTK. 

County  Auditor  can  not 2'J5  ....           3 

282  ,„..       1,2 

But  if  he  does,  he  is  liable  to  refund 302  2 

Fund,  see. 

BRANCHES  TAUGHT 

Additional,  when  must  be 204  227 

204  ....  1 

Alcohol,  its  effect * ...  205  228 

German,  when  must  be 204  227 

205  „,..  6 

Latin,  when  may  be 204  ....           1 

Music,  may  be 205  3 

Narcotics,  its  effects 205  228 

Voters  of  school  district  determine 207  232 

BRIBERY— 

What  is,  as  to  school  officer 136  . .  s .         24 

CALENDAR- 

Defined 202  223 

CERTIFICATE- 
LOSS  of,  new  one  issued 292  ....           1 

CHILDREN— 

Pupils,  see. 

CITY— 

Boards,  see. 

County  Superintendent  has  no  control  over 105  "86 

106  ....  3 

107  88 

County  Seminary  can  not  purchase 16*9  ....           7 

District  school  meeting  does  not  have '. .   207  ....      1,4 

Dog  Fund,  entitled  to  a  part  of 167  „ . . .           1 

Forty-five  to  fifty-five  thousand  population 197-199      215-219 

Joint  graded  schools  in 1S7  112 

Library,  see. 

Name 118  1 

Pupils  outside  admitted 170  166 

Revenue,  interest  in  surplus 141  223 

School  city, 

School  Commissioners,  see. 

School  corporation  is „ 118  99 

School  house,  see. 

Can  not  pay  for  out  of  general  fund » 142  ....           1 

School  Trustees,  bonds  give 119  100 

Election 110  100 

When  held 119  100 

120  2 


424  SCHOOL    LAW    OF    INDIANA. 

CITY — Continued.  PAGE.  SEC.     NOTE. 

Failing  to  report,  fined 144  127 

Lucrative,  office  is 121 

Meetings  of 119  100 

Oaths 119  100 

Organization  of ..." 119  100 

Pay  of H9  100 

How  made 119  100 

President  of  Board 119  100 

Reorganization  of  Board,  when 119 

Resignations  of 120 

School  Board  become 119  100 

Secretary  of 119  100 

Terms  of 119  100 

Treasurer  of 119  100 

Bond  of . 119  100 

Vacancy  in  office  of 119 

Suit,  may  bring 118 

Cost  of,  when  not  recoverable 255 

How  brings 255  324 

255  ....       1,2 

Superintendent  for,  may  employ 137 

Duties  137 

Salary  of,  how  paid 137 

Truant  officers,  duties  as  to 261  336 

CITY  CLERK— 

A  School  Trustee  may  be 122  20 

CIVIL  TOWNSHIP— 

Bond  of  Township  Trustee,  may  sue  on 115 

Contracts  as  to  schools,  can  not  make 114 

Intent  to  bind  for  school  debt 115 

Devise  to,  when  goes  to  school  township 115 

Name,  Courts  will  not  take  notice  of 118 

Presumption  from  use  of 115 

School  house,  can  not  build 115  5 

School  tax,  not  liable  for 115 

Townships,  see. 

COLORED  CHILDREN— 

Enumeration  of • 151 

155  ....  7 

Law  as  to,  constitutional 202  ....       1,3 

Normal  school  admitted  to 322 

Purdue  University  admitted  to 356 

Separate  schools  provided  for 51  5 

202  '2-24 

Higher  grade  for 202  216 

State  University,  admitted  to 333 

Trustees   can   not  be   compelled  to    provide    separate 

schools  for..  202  ....  2 


INDEX.  425 

COMMISSIONERS—                                                                       PAGE.  SEC.     NOTE. 
School  Commissioners,  see. 

COMMON  COUNCIL— 

Office  of,  not  lucrative 122  16 

School  Trustee  elect 119  100 

When 119  100 

COMMON  SCHOOL  FUND— 

Fund,  see. 

COMPLAINT— 

Effect  of  amendment  on  statute  of  limitation 118  17 

COMPULSORY  EDUCATION  LAW— 

Age  of  children  subject  to 260  334 

Attendance  on  private  schools  sufficient 260  334 

Blanks  for 264  344 

City  appoints  truant  officers 261  336 

Confirmed  truant 263  341 

Maintenance.  '. 263  341 

Custodian  of  child  liable  to  fine  for  disobeying 260  335 

Enumeration  of  children 263  343 

Exempt  from,  when  child  is 260  334 

Guardian  liable  to  fine  for  disobeying 260  335 

Incorrigible 263  340 

Names  furnished  truant  officer 264  344 

Notice  to  parent 260  335 

Parent  of  child  liable  to  tine  for  disobeying 260  335 

Parental  home 263  340 

Poor  children  assisted 262  339 

List  of  those  aided 262  339 

Payment  for,  how  made 262  339 

Postage 264  344 

Tax  to  support 263  342 

Town  appoints 261  337 

Truant  officer,  appointment 260  335 

261  336 

City  or  town,  for 261  336 

County,  for 260  335 

Duties 260  335 

Notify  custodian  of  child  as  to  truancy 260  335 

Pay  for '..... 261  337 

Reports 262  338 

Term  of 260  335 

What  children  must  attend 260  334 

CONGRESSIONAL  TOWTNSHIPS— 

Boundaries  of 281  366 

Enumeration  of,  who  takes  in  different  townships 159  150 


426  SCHOOL    LAW    OF    INDIANA. 

CONGRESSIONAL   TOWNSHIPS— Continued.                      PAGE.  SEC.  NOTR. 

Fund,  belongs  to  schools 51  ....  2 

275  359 

Consolidation  of  void 51              1 

Interest  on,  no  deductions  from 54  ....  4 

What  is 275  359 

Lands  of 279-281  363-365 

Civil  township,  has  charge  of 131  108 

Drain,  cost  of,  not  taxable  for 284             2 

Revenue,  of  apportionment  of 164  161 

CONSIDERATION— 

Township  orders  must  have  to  be  valid 117  ....  16 

CONSTITUTION— 

Provisions  with  respect  to  schools. , 50-54 

CONTAGIOUS  DISEASES— 

Does  not  deprive  teacher  of  his  right  to  his  salary 135  19 

Epidemics,  see. 

CONTRACT— 

Abolition  of  school  does  not  effect  teacher's 123  ....  32 

Blank  in  teachers,  fUHng  up  by  oral  evidence 211             2,  3 

Breaches  of  teacher's,  township  liable  for 211              2 

Civil  township  can  not  make  for  school  township 114             1 

Intention  to  bind,  considered 115             2 

Defacto  Trustees  may  make 118  ....  19 

122  ....  28 

123  ....  35 
214  ....  11 

Furniture  for,  valid 133  10,  12 

How  made 114             1 

115  ....  2 
133            13 

Illegal  design  of  Trustee  does  not  avoid 123  ....  34 

Injunction  to  prevent  execution  of 216             15 

Interest  of  Trustee  in  avoids 133  ....  13 

Penalty  as  to 133  ....  13 

Majority  of  Board  of  Trustees  must  make 123  ....  33 

Notice  of  power  of  Trustee  to  make,  must  be  taken 119             10 

116             11 

Old  school  board's  binding  on  new  board 121              11 

Ratification  of,  how  done  . 122  ....  26 

School  township  may  make 114  98 

School  Trustees,  act  as  a  unit  in  making 121              14 

Showing  as  to,  what  necessary  to  bind  township 281              4 

Signing 123  ....  31 


INDEX.  427 

CONTRACT— Continued.  PAGE.  SEC.     NOTE. 

Teacher,  m'akes  with  township 132  6 

Can  not  be  contrary  to  the  law 214  ....           9 

Verbal,  not  valid 132  6 

When  can  not  make 132  ....           7 

Township,  what  bound  by 116  ....         11 

Trustee  can  not  contract  with  himself 132  ....           5 

CONTRACTOR 

School  books,  see. 

Number  needed,  notified  as  to 68  82 

Report  to,  concerning  number  sold 70  36 

CONVERSION— 

I U- venue  for  schools,  what  is  a  conversion  of » . . .  127  ....           1 

CORPORATIONS- 

Civil  and  school  are  different 118  ....           2 

119  ....           5 

Each  municipal  corporation  is  a  school  corporation. ...  118  99 

Incorporating  a  town,  school  property  within  belongs  to.  118  ....            4 

N-ame  of 118  ....           1 

Suit  against,  how  sued 1 18  ....           3 

May  bring 118  99 

COUNTY— 

Common  School  Fund  not  demanding 53  5 

Liable  for 52  4 

Receives 52  4 

Interest,  liable  for 287  ....           1 

No  deductions  from 54  ....            4 

Reimbursing  for  interest  paid 289  1 

Rents  of,  Congressional  Township  Fund  liable  for  ....  53  ....           1 

Suits  for,  how  brought 53  2 

To  whom  belongs €3  ....           3 

School  house,  can  not  build 228  5 

Settlement  as  to  school  fund  no  bar  to  suit 54  ....           3 

COUNTY  AUDITOR— 

Account  of  School  Trustees,  examines 145  131 

Apportionment  of  school  revenue,  makes 164  161 

Penalty  for  neglect  as  to 164  161 

Bond  of  County  Superintendent  approved 91  73 

91  ....         19 

Books  of  examined  by  Superintendent  of  Public  In- 
struction    56  12 

Bookkeeping,  forms  for  provides 58  19 

Borrowing,  school  fund  can  not 282  1,  2 

City  School  Trustees'  bonds  approved 119  100 

Congressional  Township  Fund,  duties  as  to 279  363 

282-283      368-372 


428  SCHOOL    LAW    OF    INDIANA. 

COUNTY  AUDITOR— Continued.                                             PAGE.  SEC>     KOTE> 

Deeds  for  school  land,  makes 292     .          401 

293  403 

Election  of  County  Superintendent,  clerk  of  Board  of ..     91  4 

91  73 

Casting  vote  gives 91  ....           4 

91  73 

Declaring  who  elected,  can  not 91  ....           4 

Keports  to  Superintendent  of  Public  Instruction  . .     91  73 
Enumeration  of   children  of   Congressional   township, 

divided 109  91 

Fees  concerning  school  lands  must  be  paid  by  county  . .   284  ....           1 

For  posting  notices  as  to 307  ....           2 

School  lands,  sales  of 290  393 

State  University  lands,  sales  of 350  586 

Foreclosure  of  School  Fund  mortgage,  may  make 307  ....           1 

Judgment  on 307  ....           3 

Irregularities  of  does  not  invalidate  loan 300  3 

Knowledge  of  prior  mortgage  does  not  invalidate  school 

mortgage 295  ....           1 

Loan  to  himself,  can  not  make 295  ....           3 

But  mortgage  valid 302  2 

Penalty  for  neglect  to  report  amount  of  revenue 161  155 

Proceeds  of  sales  of  school  section,  manages 279  ....           2 

Report  by  not  conclusive 52  ....           2 

School  Fund,  condition  of 316  459 

Distribution  of 319       465,466 

School  revenue 160-161       152-154 

Penalty  for  not  making 161  155 

State  University  lands,  sales  of 350  586 

To  Superintendent  of  Public  Instruction 58  17 

Eevenue,  amount  of  reports 160  152 

Contents  of 160  153 

School  Funds — 

Accounts,  keeps 278  352 

282-283   369-372 

318  464 

Condition  of  reports 283  371 

Distribution  of 282  370 

319  465 
Eeports  of 319  465 

Penalty  for  not  making 319  466 

Loans  of,  makes 295  410 

Acknowledgment  takes 302  428 

Oaths,  administers 302  428 

Realty  mortgaged  for f..   295  410 

Appraisement  of 295  411 

Indemnifying  bond 299  424 

Interest  unpaid 303  432 


INDEX. 


429 


COUNTY  AUDITOR— Continued.  PAGE.  SEC.     NOTE. 

Mortgage  as  to 304-306       434-436 

Record  of 302      429-430 

Suit  against  to  cancel 305  ....  4 

Sales  of 306  436 

307-311      440-444 

Bids  on 310  ....         11 

Deeds  under 312-313      447-449 

Satisfaction  of 307  439 

Warrants  for 306  437 

School  Lands 

Certificate  of  purchase 289  391 

292  400-401 
Assignment  of 290  394 

Deed  for 292  401 

293  403 
Purchase  money,  payment  of  293  405 

Refunding  of. , 293  405 

Sales  of 285  380 

287  382 

288  386 

292  402 

293  404 

294  406 
Sales  of,  fees  for 285  380 

How  paid 284  ....  1 

Suit  for  first  payment 290  392 

For  waste 288  385 

School  revenue,  reports  as  to 301-302     '  427-429 

Penalty  for  not  making 302  430 

School  Trustees,  accounts  inspects 290  393 

Special  school  tax  levy,  places  on  tax  duplicate. . .   147  5 

148  136 

State  University,  sale  of  lands 350  586 

Fund  of,  manages 353  597 

Tax,  reports  to  Superintendent  of  Public  Instruc- 
tion     160  152 

Contents  of  report 160  153 

Town  Trustees,  bonds  approved 119  100 

Trustee,  appoints  to  vacancy 124  104 

Law  concerning  repealed 124  ....  5 

Reports  to  Superintendent  of  Public  Instruction  . .   124  104 

What  funds  apportions : 276  ....  2 

COUNTY  BOARD  OF  EDUCATION— 

Contracts  can  not  make 112  ....  3 

Course  of  study  adopts Ill  ....  2 

113  ....         11 

County  Superintendent  president  of Ill  97 

Duties,  generally Ill  97 


430  SCHOOL    LAW    OF    INDIANA. 

COUNTY  BOAED  OF  EDUCATION-Continued.               PAGE.  SEC.    NOTK. 

Formation  of Ill  97 

Furniture  for  school,  duty  as  to Ill  97 

Holidays,  illegal  rule  as  to 112  8 

Illegal  rulings  as  to  licenses 112  7-8 

Meetings,  semi-annually Ill  97 

Powers  of Ill  97 

President  of,  who  is Ill  97 

Pro  terupore Ill  ....           2 

Quorum Ill  97 

111  ....           2 

Record  of  proceedings  kept 112  ....           2 

Rules  may  adopt 112  2 

School  matters  in  charge  of Ill  97 

Text-books,  changing Ill  97 

Law  as  to  repealed 112  4 

Except  as  to  High  School 112  4 

Township  libraries  regulates Ill  97 

Trustee  member  of Ill  97 

Who  compose Ill  97 

COUNTY  CLERK— 

Reports  to  Superintendent  of  Public  Instruction 58  17 

COUNTY  COMMISSIONERS— 

Appeal  from  decision  dismissing  County  Superintendent     85  ....           7 

Who  serves  in  the  meantime 85  ....           7 

Auditing  Board,  see. 

Books  and  accounts  of  trustee  corrects 145  132 

127  ....           1 

Witnesses  concerning  may  call 145  132 

County  Auditor's  report  of  examines 317  460 

County  Superintendent  may  remove 84  73 

At  special  session 86  20 

County  Treasurer's  report  of  examines 317  460 

Deficit  in  school  fund  makes  up 278  ....       2-5 

Report  of  School  Trustee  approved 126  105 

Effect  of 126  105 

Filed  with  County  Auditor 126  105 

Report  as  to  school  fund 317  461 

Trustee's  accounts,  may  inspect 317  460 

May  remove,  when 145  132 

Vacancy  in  Township  Trustee's  office,  fills ." 259  333 

COUNTY  INSTITUTES— 

Institute,  see. 

COUNTY  SEMINARY  FUND— 

Common  school  fund  belongs  to 51-275  2-359 


INDEX.  431 

COUNTY  SUPERINTENDENT—                                            PAGE.  SKC.     NOTE. 

Advice  of,  no  defense 127  2 

Appeals  from 105  86 

Plow  taken 105  86 

Appointment  of 91  73 

Apportionment  of  school  revenue,  makes 108  90 

Basis 109  ....           1 

Duty  as  to 92  92 

Bond,  official,  gives.. 91  73 

Amount  of 91  73 

Approval,  County  Auditor  does 91  73 

94  ....         19 

Failure  to  give,  effect 94  19 

Special,  gives  concerning  school  books 70-76  35-47 

Obligation  of 70-77  35-48 

Removal  for  neglect  to  give ....     70  35 

Surety  must  be  a  freeholder 91  73 

Books,  delivers  to  successor 100  80 

Of  accounts  of  Trustee  inspects 145  131 

Witnesses  as  to  may  call 145  131 

Care  and  oversight  of  schools,  has 106  1 

Changing  site  of  school  house,  or  on  petition 211  236 

City  exempt  from  authority  of 105-107  86-88 

106  ....           3 

County  Board  of  Education,  president  of Ill  97 

County  Institute,  holds 230  267 

Course  of  study,  when  controls 106  ....           4 

Damages,  when  liable  for 98  ....           5 

Decision,  recording 105  ....           2 

Def acto  officer,  who  is 93  6 

Discretion  of  can  not  be  controlled 98  ....           8 

Dismissal  of,  appeal  to  Circuit  Court  as  to 93  7 

Cause  for 91  73 

Notice  as  to 91  73 

Petition  for 91  73 

Trial  for 91  73 

Who  serves  when  appeal  has  been  taken 93  ....           7 

Docket  examined 110  93 

Duties,  generally 105  86 

Election  of,  adjournment  of  without  making 91  ....           3 

Acquiescing  in 93  ....         12 

Ballots,  using 93  11 

Testimony  as  to  on  contest 93  ....         11 

Biennially  held 91  73 

Casting  vote,  Auditor  gives 91  4 

91  73 

Clerk  of,  Auditor  is 91  73 

How  held 91  73 

Mandamus  to  compel 92  ....           3 


432  SCHOOL    LAW    OF    INDIANA. 

COUNTY  SUPERINTENDENT— Continued.                         PAGE.  SEC.     NOTK. 

Mode  of 92  4 

Questioning  regularity  of 94  15 

Quorum  of  Trustees,  what  is 92  !2 

Quo  warranto  to  test 93  ....           6 

Sale  of  liquors  during , 94  22 

Trustees  elect 91  73 

Trustee  can  not  vote  for  himself    94  16,  17 

Incompetent  to  serve,  effect 94  ....         '21 

Votes,  number  necessary 94  18 

Eligible  to  office,  who  is 93  ....           5 

94  74 

Embezzlement  as  to  school  books 71-77-83    38-49-61 

Enumeration  by,  when  takes 106-107  87-89 

Duty  as  to  . . 159  149 

Failure  to  report,  penalty 107  89 

How  paid  for  making 106  87 

Report  of  examiner 159  149    - 

Retakes,  when 159  149 

Pay  for 159  149 

Suit  against  Trustee,  as  to,  brings 106  87 

Examination  of  teachers,  conducts 95  77 

Private,  can  not  hold 100  79 

When  holds 100  ....           1 

Funds  for  schools,  may  sue  for,  when 110  93 

Impeachment 95  75 

Interest  on  fund,  duty  as  to  deficit 109  92 

Percentage,  not  paid  to 109  92 

Judicial  office,  is  not 94  23 

Liability  for  acts 99  77         11 

106  87 

Liability  against,  what  is 112  ....           9 

License,  see. 

Must  have 94  74 

Revocation  of 99  97 

Cause  for 99  97 

99  ....           1 

Effect 99  97 

Malicious  act,  liable  for 98  

Mandamus  to  compel  delivery  of  records 93  ....          13 

To  makejreport 108  93 

Medium  for  school  communications 105  86 

Oaths 91  73 

Office,  county  required  to  provide  for 95  76 

Opinions  on  school  matters,  gives 105  86 

Pay  of,  amount 109  91 

110  ....           3 

How  allowed 109  91 

How  paid 109  91 


INDEX. 


438 


COUNTY  SUPERINTENDENT— Continued.  PAGK.  SEC.    NOTE. 

Limit  of 109  91 

Statistics,  reporting 110             4 

Perquisites,  not  entitled  to 109  91 

Private  school,  interest  in 110  94 

Pupils,  examines 104  . 85 

Kecord  of  proceeding,  keeps 100  80 

Decisions,  failing  to  enter  in 105  ....           2 

Parol  evidence  to  prove  contents 105  ....           1 

Removal  for  failure  to  give  bond 70  35 

Dismissal,  see. 
Report,  annually  makes  to  Superintendent  of  Public 

Instruction  107  89 

Basis  for  revenue  distribution 108  90 

Contents 107  89 

When  makes 58  17 

School  Trustees  tiled  with 126  105 

Statistical  information  of,  makes 107  89 

To  Board  of  County  Commissioners 110  93 

To  school  book  contractor 77  48 

Resignation,  acceptance 93             14 

Rules  for  schools,  may  adopt 122             23 

School  books  damaged,  notice  of  gives 78  51 

Duty  as  to  price,  marks  on 79  52 

Laws  as  to  circulate 79-90  53-71 

Liable  for  sales  of  on  official  bond 70  36 

Money  for  sales  of  receives 69  33 

Notifies  Trustee  of  receipt 68  32 

Number  needed,  certifies  to 68  32 

Purchases  from 68  32 

Requisition  for,  scales  down 73-85  41-64 

Revision  of,  notice  gives  to  Trustees 85  64 

Sales,  reports  to  contractor 83  59 

Cash  to  accompany 83  59 

Contents  of  reports 83  59 

Duplicate,  files  in  Auditor's  offices 83  59 

Suit  for  sales,  brings,  when 70  34 

Unsold  orders  returned  to  contractor 73  42 

Credit  for 73  42 

Freight  on,  who  pays 73  42 

Schools,  supervises 105  86 

School  Examiner,  office  of  abolished   91  73 

School  fund,  duty  as  to 110  93 

School  house,  decision  as  to  final 257  ....           4 

Can  not  locate 169             2,  4 

State  Board  of  Education  obeys 105  86 

State  license,  duty  as  to 101  81 

Statistics,  furnishes 107  89 


28— Sen.  LAW. 


434  SCHOOL    LAW    OF    INDIANA. 

COUNTY  SUPERINTENDENT-Contiuued.                         PAGB.  SKC.     NOTE. 

Suit  against  Township  Trustee,  may  bring 107  1 

School  books,  as  to 76  46 

When  brings 110  93 

Teachers,  see. 

Teachers  Institute  encourages 105  86 

Term  of  office 91  73 

85  ....           8 

Township  Institutes,  attends 105  86 

Township  Trustees,  elect 91  73 

Transfers,  reports  to  County  Auditor 148  136 

Trustees'  accounts,  inspects 145  131 

Vacancy  in  office,  how  filled 91  73 

Term  of 91  73 

Vacates  office  by  neglect 70-76  35-47 

Visits  schools 105  86 

106  ....           2 

Witness,  competent  as  to  enumeration 106  87 

COUNTY  TREASURER— 

Incoming  entitled  to  revenues 123  ....         38 

Report  as  to  school  fund 316  457 

58  17 

To  School  Commissioners 238  287 

School  lands,  statement  as  to  sales  for 313  448 

School  revenue  for  State,  collects 304  434 

State  University,  reports  to  Trustees  of 350  587 

Sales  of  lands,  reports 350      587,  588 

Special  school  tax,  collects 147  5 

148  136 

Suit,  may  bring  against  predecessor 236  ....         37 

Tax,  pays  to  School  Commissioners 238  287 

Receipt  for  receives  on  payment 238  287 

Report  to  makes " 238  287 

COURSE  OF  STUDY— 

County  Board  of  Education  may  adopt Ill  

116  ....         11 

Legislature  may  adopt 115  ....       5,  6 

65  ....           2 
COURTS— 

Jurisdiction  not  abridged  by  school  law 105  86 

CRIMES— 

Changing  site  of  schoolhouse,  when  forbidden 211  236 

Compulsory  education  law,  violating 260  335 

County  Auditor  neglecting  to  make  apportionment. . . .   164  161 

Doors  of  schoolhouse  to  swing  outward 211  237 

Embezzlement  of  school  book  funds 71  38 

77  49 

83  61 


INDEX.  435 

CRIMES— Continued.                                                                       PAGE.  SEC.    NOTE. 

Enumeration,  false,  making 151  141 

Parent  refusing  to  give 151  141 

Insulting  teacher 219  248         » 

School  books,  embezzlement  as  to 71  38 

77  49 

83  61 
Selling  for  more  than  price 71  37 

84  62 

School  officer  interested  in  contract 133  ....          13 

Traffic  in  school  questions 416  651 

DAMAGES— 

Ten  per  cent,  penalty,  when  added  in  suit  on  bond....   126  105 

126  ....         12 

128  ....           6 

DEAD  BODY— 

Money  found  on  belongs  to  school  fund 278  ....         13 

DEALER— 

Merchant,  see. 
School  books,  see. 

DEBT— 

Townships,  how  created 202 

Estopel  to  deny 117  25 

DECISION— 

County  Superintendent  failing  to  record 105  2 

DEED- 

Annexation  to  city  or  town,  deed  for  school  property. .   222  252 

Law  as  to  valid 219  1 

County  Commissioner's,  on  record  of,  deed  for  school 

lands 312  1 

Description  in,  defective,  curing 310  ....         13 

Evidence  of  steps  of  sale 309  2 

Record  of,   in  County  Commissioner's   books,    sale   of 

school  lands 292  ....           1 

312  ....  1 

Sale  of  school  property,  trustee  executes 222  252 

Tender  on  sale  of  school  lands.    290  ....           1 

313  ....  3 
Trustee  must  secure  for  school  property 219  249 

124  102 

DEFICIT- 

County  must  make  up  in  school  funds 289  1 

DEVOTIONAL  EXERCISES— 

Not  to  be  enforced. .                                                            .  200  3 


4-36  SCHOOL    LAW    OF    INDIANA. 

DIRECTOR —  PAGE.  SKC.     NOTE. 

Appeal  from 206  L>31 

Appointment  by  Trustee,  when 206  231 

Election,  when,  where  and  how  held 206  231 

Duties 217  244 

Excludes  pupil,  when 217  246 

Length  of  time 217  246 

Fuel  and  repairs,  provides 217  245 

Notifies  Township  Trustee  of  his  election 206  231 

Oath,  must  take 206  231 

President  of  school  meeting,  is 217  244 

Removal  of,  how  secured 206  231 

School  house,  has  charge  of 217  245 

,  Vacancy  in  office  of 207  232 

Visits,  district  school 217  246 

Voter  of  district,  must  be 206  231 

DISCRETION  OF  OFFICER— 

Not  reviewed  by  the  courts 136  26 

Officers  not  liable  for  exercise  of  . . .-. 218  4 

DISTRICTS  (SCHOOL)— 

Abolishing,  Trustee  may 208-136  ....     5-25 

Annual  meetings  of  voters  of 206  231 

Director  of  elected  at 206  231 

Choice  of  by  patrons  of  school 154  

In  city  or  town 154  5 

DOCKET— 

County  Superintendent  examines 110  93 

DOG  FUND— 

Apportioned  to  schools,  when 166  163 

City  entitled  to  a  part  of 167  1 

How  made 167 

Town  entitled  to  a  part  of 167  1 

DONATIONS— 

Allowed 225 

Conditions 225  258 

Identity .' 227  262 

Income 226  260 

Trustee  for 226  261 

To  erect  school  building 224  255 

Conditional 224  255 

Loan  to  aid 224  255 

Interest  on 224  255 

DOORS— 

Swing  outward,  must 211 

Crime  as  to..                                                                  .211  237 


INDEX. 


437 


DRAINS PAGE.  SEC.       NOTE. 

Congressional1  township  land  not  liable  for 280  ....           4 

284  ....  2 

EDUCATION— 

To  be  free  and  uniform 51                   2 

EJECTMENT— 

School  house  site,  for,  who  brings 115  5 

ELECTION— 

As  to  sale  of  lands 284,  285      374,  379 

County  Superintendent,  see. 

Acquiesence  in 122  ....         29 

Mandamus  to  compel , 121  ....         12 

School  Commissioners,  see. 

School  Trustee,  of  city 119  100 

School  Trustee,  of  town 119  100 

Superintendent  of  Public  Instruction 55                  9 

Township  Trustee,  when  held 259  332 

EMBEZZLEMENT- 

School  books,  concerning 71-77-83    38-49-61 

ENDOWMENT— 

Normal  School  tax 362  623 

Purdue  University  tax 362  623 

State  University  tax 362  623 

Tax  for  325-327      485-490 

Permanent  fund  not  affected  by 363  624 

ENGLISH  - 

Schools  to  be  taught  in  English  language. 204  227 

ENUMERATION— 

Affidavit  of  parent  or  guardian  as  to 151  141 

Apportionment  of  revenue  according  to 162  156 

Choice  of  school  district  made  at  time  of  taking 154  4 

In  city  or  town 154  5 

Colored  children,  as  to   155  7 

Compulsory  education  law 263  343 

Congressional  township  in  two  or  more  counties 159  150 

Report  as  to , 159  150 

Who  takes 159  150 

County  Superintendent,  when  takes 106                 87  • 

Failing  to  report  as  to 107                89 

False,  making,  penalty 151  141 

How  taken 151  141 

Non  resident  students,  not  to  be  . ' 154  3 

Oath  of  enumerator 151  141 

Per  diem  for  taking 151  141 

Poor  children,  as  to 203  ....           1 


438  SCHOOL    LAW    OF    INDIANA. 

ENUMERATION— Continued.                                                    PAGE.  SEC.     NOTE. 

Privileges  of  certain  children 154  ....           6 

Refusal  of  parents  to  give,  penalty 151  141 

Eeport  to  County  Superintendent 159  149 

Affidavit  as  to 159  149 

Examination  by  County  Superintendent 159  149 

Eeport  by   Superintendent  of    Public    Instruction   to 

Governor 56  12 

Residence  of  minors,  what  is 151  2 

154  ....           3 

Retaking,  County  Superintendent  may  require 159  149 

Pay  for 159  149 

Superintendent  of  Public  Instruction  may  require.   107  89 

Signature  of  custodian  of  child  to,  necessary 151  141 

Street  numbers  in  cities  taken 151  141 

Transfers,  see 

Enumerated 151  141 

Trustee  takes 151  141 

Liable  for  not  taking 106  87 

When  taken 151  141 

Who  enumerated 151  141 

153  ....           1 
EPIDEMIC— 

Closing  school  on  account  of 135  ....         20 

Contagious  diseases,  see. 

Teacher  can  not  be  dismissed  because  of 214  10 

ESCHEATS— 

Real  estate,  funds  of,  belong  to 52  4 

Sale  of  lands  escheating 277  ....         15 

School  fund  belongs  to 277  ....           8 

277  ....         15 

51  2 

275  359 
ESTOPPEL— 

Married  woman  to  deny  validity  of  loan 301  2 

305  ....      5,  6 

To  dispute  legality  of  sale  of  lands 290  1 

Town  to  deny  validity  of  transfer 156  ....         12 

ESTRAYS— 

Fund  arising  from  belongs  to  schools 275  ....           1 

277  360 

276  ....  5 

EXAMINATIONS- 
HOW  held 95  77 

License,  see. 

Private,  forbidden 100  79 

Public  must  be 100  79 

Pupils  for  graduation , 104  85 


INDEX. 


439 


EXAMINATIONS— Continued.                                                   PAGE.  SEC.     NOTB. 

(Questions,  traffic  in  an  offense 416  651 

Special,  when  held 216  243 

Teachers,  see. 

When  held 100  1 

EXPENDITURES— 

Report  concerning 131  107 

Report  by  Trustee  as  to 126  105 

Approval  by  County  Commissioners,  effect 126  105 

Contents  of 126  105 

Filed  with  County  Superintendent 126  105 

FARMERS'  INSTITUTES— 

Purdue  University  holds 361  619 

Appropriation  for 361  621 

Time  and  place  of  holding 362  623 

FEES— 

State  license  fee 61  1 

61  24 

Surplus,  disposal  of  „ , 63  25 

FINES— 

Belong  to  School  Fund 51  2 

275  359 

276  ....  7 

FIRE  ESCAPES— 

Providing  for 211  1 

FORECLOSURE  OF  MORTGAGE— 

County  Auditor  may  foreclose 307  .  1 

Judgment  on 307  ....           3- 

Mortgage,  see. 

School  Fund  mortgages  may  be 304  , . . .           5 

FORFEITURES— 

Belong  to  common  school  fund 51  2 

275  359 

FORMS— 

Superintendent  of  Public  Instruction  prepares 58  1.8 

59  20 

Bookkeeping,  as  to 58  19 

FUEL— 

School  director  provides  for  schools. 217  245 

FUNP- 

Attorney  fees  can  not  be  deducted  from 54  4 

Congressional  township 275-283       359-372 

Apportionment 276  ....           2 

Belongs  to  inhabitants  of 277  9> 


440 


SCHOOL    LAW    OF    INDIANA. 


FUND—  Continued. 

PAGB. 

SEC. 

NOTE, 

Corporations  taxed  for  

....     51 

2 

Cost  of  managing,  how  paid  „  

....     53 

.... 

1 

Counties  must  preserve  

....  277 

361 

County  Auditor  must  distribute  

....  318 

464 

Accounts  with  Congressional  township,  keeps  . 

....  278 

362 

279 

363 

282-283 

369-372 

Penalty  for  failure  to  distribute  

....  319 

466 

County  Commissioners,  report  as  to  

....  317 

461 

Examine,  as  to  

....  317 

460 

County  Superintendent,  duty  as  to  

....   110 

93 

May  sue  for,  when  

....   110 

93 

Deficit  in,  notice  of  

....   277 

361 

Made  up  by  County  Commissioners  

....   278 

.... 

2,5 

Diminished,  can  not  be  

....     52 

3 

275 

359 

....     52 

4 

Distribution,  and  report  as  to  

....   319 

465 

Diverted,  can  not  be  

....     52 

.... 

1,2 

Escheats,  belpng  to  

....     51 

2 

276 

.... 

8 

Proceeds  of  realty  belong  to,  when  

.  .  .  .     52 

.... 

4 

Estray  fund  belongs  to  

...     277 

360 

52 

.... 

5 

276 

.... 

5 

Fees  of  officers  can  not  be  deducted  from  

....   276 

.... 

3 

Fines  belong  to  

....     51 

2 

276 

.... 

7 

Illegal  deductions  from  

....  276 

.... 

3 

Income  for  schools  

.  .  .  .     52 

3 

52 

.... 

3 

Incorporating  town,  division  of  funds  with  

....   118 

4 

Investment  and  distribution  

....     52 

4 

1  '  Invest  "  means  '  '  to  loan  "  

....     53 

.... 

1 

Inviolably  held  for  schools  

.  .  .  .     53 

7 

53 

.... 

2 

Liquor  license  fees  belong  to  .  

.  ...  277 

10 

Mandamus  to  secure  application  of  

....  277 

.... 

11 

Miscellaneous  account  of  

....  318 

464 

Policy  of  the  law  as  to  distribution  of  

.  .  .  .     53 

.... 

4 

Principal  can  not  be  used  

.  .  .  .     52 

3 

52 

.... 

2 

....   277 

.... 

12 

Recovery  of  deductions  from  

....  276 

6 

Reinstatement  

.  .  .  .     53 

5 

Reinvestment  for  county,  when  

.  .  .  .     53 

5 

INDEX. 


441 


FUND— Continued.                                                                           PAGE.  SEC.     NOTE. 

Rents  of  Congressional  Township  Fund 53  1 

Suit  as  to.  how  brought 53  . . . ,            2 

To  whom  belong 53  3 

Eeports  as  to 316  459 

317,  318      461,  462 

Of  additions  to 56  12,13 

Of  County  Auditor  not  conclusive 52  ....           2 

Revenue,  see. 

Saline  lands  belong  to 275-51  359-3 

School  corporation  receives 118  ....           2 

Separation   of   Congressional   Township  and   Common 

School 279  ,. . .           1 

Settlement  by  County  Commissioners  not  conclusive  ...     54  3 

Sinking  fund,  interest  to 166  162 

Statute  of  Limitations  no  bar  to  recovery  for 53  2 

Superintendent  of  Public  Instruction  examines 58  16 

Swamp  lands  belong  to 275  359 

Tax  penalties  does  not  belong  to 277  ....         14 

Trust  is,  for  common  schools 53  7 

53  ....           7 

Two  different  kinds  of 275    '         1 

Unknown  dead,  money  of  goes  to 277  12 

What  consists  of 51-275  2-359 

ITRNITURE- 

Contracts  for  valid 133  10,  12 

Private  school,  Trustee  can  not  provide  for 136  3"! 

Providing,  not  bound  to  go  in  debt  for 133  ....         10 

Purchase  by  Trustee 131  108 

Promissory  note  given  for  valid 128  9 

Special  tax  to  pay  for 150  139 

Supplies,  see. 

Tax  for,  levy  of 146  135 

Township  liable  for 133  12 

When  contract  for,  not  binding  on  township 133  ....         12 

GENERAL  ASSEMBLY— 

Powers  to  provide  for  schools 50  1 

51  ....          7 

GERMAN  LANGUAGE— 

Petition  for,  to  be  taught 204  227 

When  must  be  taught 204  227 

205  ....           6 

GOVERNOR— 

Proclamation  concerning  school  books 68  31 

State  Board  of  Education,  a  member  of 59  22 

GRADED  SCHOOLS— 

Admission  to 131  108 

Trustee  may  establish 131  108 

134  ....         14 

When  should  be  established 134  14 


442  SCHOOL    LAW    OF    INDIANA. 

GRADED  JOINT  SCHOOLS—  PAQ1.  6EC.    NOTE> 

Cities  and  towns,  in 137  112 

Establishment  of .. 137  112 

Management  of 137  112 

137  ....       1,3 

Title  to  grounds  for 137  112 

School  district,  expense  of 137  112 

GRADUATION— 

Pupils  examined  for 104  85 

GREEK  SOCIETIES— 

Students  may  belong  to 322  2 

333  ....           2 

356  ....           2 
GUARDIAN- 

Compulsory  education  law,  mast  obey 260  335 

Notice  by  truant  officer  to 260  336 

GROUNDS— 

Purchase  of,  how  made 119  5 

HIGH  SCHOOLS— 

Examination  of  principals  for 98  ....  7 

Text-books  for 112  ....  4 

HIGHWAY— 

School  property  may  be  taken  for 119  

220  ....  4 

HISTORICAL  SOCIETY— 

Appropriations  for  by  county 252  319 

More  than  one  in  county 253  321 

Rooms  for 252  319 

Control  of 254  322 

254  323 

Society  discontinued,  effect 253  320 

Vaults  for 254  322 

254  323 
HOLIDAYS- 

County  Board  of  Education  can  not  pass  rules  as  to  ...    112 

Teachers  entitled  to 213  6 

HOME  FOR  FRIENDLESS  WOMEN— 

Penalties,  when  go  to  support 52 

HOUSE— 

School  house,  see. 

INDEBTEDNESS— 

Funding  in  large  cities 192  202 

Mandamus  to  compel  payment  of 150 

Tax  to  pay 150  139 


INDEX.  443 

INJUNCTION—                                                                                                                    PAGB.  SBC.      NOTK. 

Building  of  school  house  under  fraudulent  contract. . . .  228  ....           4 

To  prevent  violation  of  contract,  does  not  lie 216  ....         15 

Use  of  school  house  for  secular  purpose 220  ....           1 

INJURY— 

School  corporation  not  liable  to  person  injured  by  defect.  209  ....           3 

INSPECTION— 

Of  Trustee's  books  and  papers 145  130 

County  Commissioners  inspect 145  131 

County  Superintendent  inspects 145  131 

INSTITUTES— 

County,  appropriation  for 230  267 

County  Superintendent,  duty  as  to 230  ....           1 

Schools  closed  during 230  268 

Sessions  of 230  260 

Township,  held  once  a  month 229  266 

How  conducted 229  266 

Penalty  for  failing  to  attend 229  266 

INTEREST— 

After  maturity  of  loan   309  10 

294  ....           2 

County  liable  for 287  ....           1 

Deductions  from  Congressional  township  fund  can  not 

be  made 54  ....           4 

Deficit  in,  duty  of  County  Superintendent 109  92 

Per  cent,  not  paid  to  County  Superintendent 109  92 

Rate  of  on  loans 278  1 

294  407 

To  aid  donation  for  high  school 224  255 

Reimbursement  of  county 289  ....           1 

Report  as  to  amount  collected 160  153 

Trustees,  when  not  entitled  to ." 124  4 

JOINT  GRADED  SCHOOLS— 

Establishment  of 137  112 

Management  of 137  112 

137  ....       1,3 

Power  as  to 137  112 

Title  to  property 137  112 

JUDGMENT— 

County  Superintendent  against,  concerning  school  books     70  36 

77  48 

Lien,  when  not  on  school  land  sold 289  1 

School  books,  concerning 83-76-70     60-46-34 


444 


SCHOOL    LAW    OF    INDIANA. 


JUDICIAL  NOTICE—                                                               PAGB.  SKC.    NOTB. 

Courts  do  not  take,  of  certain  substituted  lands 280  ....           2 

Names  of  township,  does  not  take  of 117  ....         18 

119  ....           9 

Superintendent,  election  . . . '. 93  73           8 

Township  Trustee,  powers  of,  as  to 117  18 

JUSTICE  OF  THE  PEACE— 

School  Trustee  can  not  be 122  17 

KINDERGARTEN  SCHOOLS— 

Establishment  of 140  118 

Pupils  in 140  118 

School  revenue  for  tuition  not  to  be  used  in 140  118 

Tax  to  support 140  118 

KNOWLEDGE  AND  LEARNING— 

To  be  taught  in  the  schools 50  1 

LANDS— 

Appraisement  for  sale 314  454 

Reappraisement 314  454 

Common  school  fund,  lands  of^State  belong  to 51-275  2-359 

Condemnation  for  school  house  sites 227       263-265 

256 

Conveyance  to  county 313  450 

Appraisement  of 288-310       387-443 

Congressional  townships 279-281       363-365 

Debt  to  improve,  township  trustee  can  not  incur 281  .... 

Deeds  for 315  455 

Forfeited,  reappraised 311  445 

Deficiency  in  value  made  up 312  446 

How  appraised 311-314      445-454 

Leasing,  township  trustee  can  not,  when 281  .... 

Purchase  by  county  of  mortgaged  lands 314  452 

Lease  of,  after  purchase  314  452 

Sale  of 314  454 

Appraisement 314  454 

Sale  of,  report  of  as  to  not  conclusive 317  ....           1 

Sale  of  school  lands,  see. 

Sales  legalized  315  455 

Surplus  revenue,  sale  of 294  406 

Timber  on,  conditions  as  to 289  390 

LATIN— 

When  may  be  taught 204  1 

LAWS— 

Publication  of 59  20 

LECTURES— 

Superintendent  of  Public  Instruction  delivers 57  14 


INDEX. 


445 


LEGISLATURE—                                                                           PAG».  SKC.     NOTE. 
Documents  of  received  by  Superintendent  Public  In- 
struction       59  21 

General  Assembly,  see. 

Power  over  school  books 65  ....           2 

112  ....5,6,10 

Over  rules  for  rules 112  10 

•                                                                                   100  ....         11 
LIBEL— 

County  Superintendent  may  sue  for,  when 112  ....           9 

LIBRARY— 

City,  free,  public  in 235  281 

Realty  acquired  for 236  284 

How  paid  for ." 236  285 

School  Commissioners  build 239  289 

Bonds  for  issued 239  289 

Interest  on 239  289 

Limit  of 239  289 

Renewing,  can  not 239  289 

Tax  for 239-237      289-286 

Librarian 186  188 

Removal  187  188 

Tax  to  maintain 236-235      283-282 

City  and  town,  donations  to  accepted 236  283 

Donations  to 241  292 

Free,  may  establish 235  281 

Large  cities 239  289 

248  304 

249  309 
Bonds  for 239  289 

Penalties,  provide  for 235  281 

Real  estate  for,  may  purchase 236  284 

Rules  for,  may  adopt 235  281 

Tax  to  support,  limit 235-236  283 

Collection 235  283 

Disbursement 235  283 

When  not  to  provide 235  281 

Private,  building  for 251  315 

Private,  tax  to  support 235  282 

251  315 

Amount 236  283 

Collection 236  283 

Report  of,  additions  to 143  126 

State  Librarian,  see. 

Town,  tax  to  aid  private  library 235  282 

Amount 236  253 

Collection  of . .  .  236  253 


446  SCHOOL    LAW    OF    INDIANA. 

LIBRARY— Contsnued.  PAGE.  SEC.     NOTE. 

Township,  book  cases  for 250  31 1 

Free,  to  be 250  310 

Librarian  for 250  311 

Notice  concerning 250  311 

Office  of  abolished 251  316 

Discontinued 251  317 

Preservation  of 250  %  311 

Report  as  to 250  311 

Kules  as  to 250  311 

Sale  of,  can  not  be  made 250  310 

234  277 

Tax 233  276 

Township  Trustee  has  charge  of 250  310 

When  open ." 250  312 

Where  kept 250  311 

Who  may  use 250  312 

Traveling  library 231  271 

LIBRARY  COMMISSION— 

Advice  given  concerning  libraries 233  275 

Appropriation  for 232      272,  274 

Associations  for 232  273 

Books  for 232  272 

Duties  of 231  271 

Official  documents 235  278 

Traveling  libraries 231  271 

Use  of  books 232  273 

LIBRARY  DONATIONS— 

Board,  appointment 242  295 

Certificates  of 243  295 

Organization 244  296 

Powers 244  297 

Qualifications 242  294 

Removal 247  302 

Buildings  for 244 

Certificate  of  membership 245  299 

City  and  town 241  292 

Donations  of  library 246  300 

Subscriptions  for 241  292 

Collection 248  .    298 

Filed,  when 242  293 

Tax  for 244  294 

How  used 245 

Township  may  use 245  299 

Treasurer's  report 247  302 

Use  of  library 245  299 


INDEX.                     •  447 

LICENSE —                                                                                                                                     PAGB.  SEC.       NOTE. 

Appeal  concerning  examination  for 97  ....           2 

Certificate  or  license,  no  distinction  as  to 98  6 

County  Board  of  Education  no  control  over 98  ....           7 

County  Superintendent,  see. 
Examination,  see. 

How  held 95  77 

Teacher  exempt  from 95  77 

98  ....           4 

Exemption  license 103  82 

Expiration  during  term,  effect 211  238 

Foreign  State  certificate 104  84 

Incompetent  teacher,  refusing  license 97  ....           3 

Length  of  terms  for 95  77 

Mandamus  to  compel  issuing 99  ....           9 

Professional  license 95  77 

Defined 97  ....           1 

Rules  as  to 61  2 

Record  of  kept 100  80 

104  83 

Report  of  who  licensed 100  80 

Revocation  of 99  78 

Causes  for 99  78 

Effect  on  employment 99  78 

Special  subjects,  to  teach 205  4 

Standard  license 103  81 

State 101  81 

Teachers,  see. 

Must  have 211  238 

211  ....           1 

Trial  license 95  77 

LIENS  - 

Drains,  see. 

Judgment  on  school  land  held  by  certificate  only 289  ....           1 

LIMITATION— 

Amendment  of  complaint  does  not  bar 118  ....         17 

Statute  of  limitations,  see. 

LIQUOR  LICENSES— 

Apportioned  by  County  Auditor  to  schools 276  ....           2 

Belong  to  common  school  fund 275  359 

277  ....         10 

Report  as  to  amount  collected 160  153 

LIVERY  HIRE- 
NO  allowance  for 117  20 


448  SCHOOL    LAW    OF    INDIANA. 

LOANS  PACK.  SEC.       NOTB. 

Abstract  of  title  required 295  410 

Affidavit  of  applicant  for 299  1 

299  424 

Apportionment  to  townships  318  463 

Appraisement  of  land 295       411-412 

Borrowers,  inhabitants  preferred 290  413 

Execution  against,  without  relief 307  440 

Fees,  paid  by 303  4ol 

Suit  against,  for  deficit 307  440 

Bulletin  board,  concerning 295  409 

County  may  borrow 298  418 

Note  of  County 298  419 

Payment  of  loan 299  422 

Kate  of  interest 299  42 1 

Warrant  of  Auditor 298  420 

County  Auditor  makes 295  410 

Acknowledgments,  may  take 302  428 

Can  not  borrow 282  ....       1,2 

295  ....  3 

Oaths,  may  administer 302  428 

Evidence  to  show  compliance  with  law 300  ....  1 

Fund,  must  specify 305  435 

Interest,  rate  of 294  407 

297  404 

Non-payment  of 303  432 

Irregularity  of  does  not  vitiate 300  ....  3 

Liens,  certificates  required  as  to 229  424 

Amount  of 297  415 

Bond  of  indemnity,  against 229  424 

Limit 297  415 

Mortgages,  see. 

Mortgage,  form  of 305      435-436 

Married  women  may  take 301  ....  2 

305  ....       5,  6 
Note,  form  of 306  1 

306  436 
Outside  of  county,  can  be  made 296  413 

Old  law  as  to 296  ....  1 

Payment  made  to  Treasurer.    306  ...         1,  2 

306  438 

Quietus  for 306  438 

Percentage  of  value  of  bond 297  416 

Personal  security  on,  can  not  be  made 296  ....  2 

Record  and  priority  of 302       429-430 

Satisfaction  of 307  439 

Time  of 301-297      426-417 

Transfer  from  one  county  to  another 299  423 

Warrant  for  .  .  .   306-298       437-420 


INDEX.  449 

LOSS PAGE.  SEC.       NOTE. 

County  to  make  good  to  school  fund 278  ....      2,  5 

LOTTERIES- 

In  aid  of  schools,  illegal 277  ....         13 

i 
LUC  NATIVE  OFFICE— 

Acceptance  of,  vacates  former  office 122  ....         21 

Common  Councilman's  is  not 122  ....          16 

Trustee's  office  is 121  6 

125  ....         10 

MANDAMUS— 

Admission  to  school,  to  obtain 155  ....           8 

Hooks,  to  secure  possession  of 121  ....         12 

128  ....           5 

( 1nn  not  be  used  to  secure  school  funds 278  ....           7 

Discretion  of  officer  not  reversed  by   257  ....           5 

Election  of  Trustees  to  compel 121  ....         12 

License,  to  compel  issuance  of 99  9 

Ministerial  duty,  to  compel  performance  of 99  ....          10 

Officer  compelled  to  perform  duty  by 136  ....         23 

Pupil  may  be  restored  by 218  ....           5 

Records  of  County  Superintendent  to  recover 93  ....         13 

Sale  of  lands,  to  compel 286  ....           1 

School  funds,  application  of  to  secure 277  ....         11 

Report  of  County  Superintendent 108  99 

Tax,  to  compel  application  to  debt 150  ....           1 

Township  Trustees  to  assemble  for  election 92  3 

Trustee,  tax  levy,  to  place  on  duplicate 147  2,  3 

MANUAL  TRAINING  SCHOOLS— 

Cities,  certain  may  have 196  212 

Subjects  taught  in 196  213 

Tax  to  support 197  214 

Teachers  for 196  213 

MANUSCRIPT— 

Purchase  for  school  books 67  29 

MARRIED  WOMEN— 

Borrowing  school  fund,  may 305  ....       5,  6 

May  secure 301  2 

Estoppel  to  deny  validity  of 301  2 

School  officer  may  be 258  330 

Bond,  official  may  give 259  331 

MECHANIC'S  LIEN— 

Connot  be  taken  on  a  school  house 133  13 

136  ....         30 

177  ....           5 
29— SCH.  LAW. 


450  SCHOOL    LAW    OF    INDIANA. 

MEETINGS  (DISTRICT)—                                                         PAGE.  SRC.    NOTE. 

Annually  held 206  231 

District,  see. 

How  called 207  232 

Legality  of,  how  settled 207  232 

Notice  of,  given 207  232 

School  house,  may  ask  for 207  232 

May  direct  repairs  of 207  232 

Estimate  of    209  233 

Studies  determined  by 207  232 

Voters  at 206      231,  232 

MERCHANTS— 

School  books,  may  handle 81  56 

Purchasing  price  for 80  55 

MILEAGE— 

State  Board  of  Education,  members  of,  receive 63  25 

MINISTERIAL  DUTY— 

Mandamus  to  compel  performance 99  ....          10 

MISTAKE— 

School  officers  not  liable  for,  when 134  ....         18 

MONEY— 

Advancing,  township  trustee  may  receive 130  18 

Borrowing,  township  trustee,  when  can  not 128  ....       7,  9 

129  ....         12 

Interest  on,  when  trustee  not  entitled  to 124  4 

Ownership  of 130 

Receiving  benefit  of,  township  liable 128 

Title  of  in  trustee 124  2 

Use  of  township,  by  trustee,  not  a  conversion 124  .... 

MORTGAGES— 

Acknowledged,  must  be 303  1 

Cancelling  by  suit,  can  not  be 303 

305  ....           4 

When  must  be. . .- 316  458 

Collected,  when  may  be 304  ....           4 

Conveyance  of  land  to  county 313  450 

County  Auditor,  given  for  loan,  is  valid 302  .... 

Decisions  construing 305 

Deeds  for  land 315 

Description  of  lands  in 305  455      2,  3 

244  ....         13 

Endowment  fund  of  State  University,  to  secure 327  489 

Entry  of  satisfaction  of,  how  made 307  ....            1 

Foreclosure,  suit  may  be  maintained  for 304  ....           5 

By  County  Auditor 307  1 

Judgment  on 307  .... 


INDEX.  451 

MORTGAGES— Continued.                                                          PAGK.  SEC  NOTg> 

Fund  secured  by,  failure  to  state 304  ....  1 

Interest  on  after  maturity 294  23 

309  ....  10 

Lands  mortgaged  liable  to  taxes 302  ....  4 

Lien  is,  without  recording 302             1,  2 

303  ....  2 
Loans 

Merged  by  foreclosure 310             14 

Notice  of  sale  under  must  be  given 307  ....  1 

308  ....  3 

Fees  for  posting 307             2 

Prior  does  not  invalidate 295              1 

300  ....  2 

Purchase  of  land  by  county 314  452 

Lease  of 314  452 

Sale  of 314  454 

Appraisement 314  454 

Recorded,  when  is  so  deemed 303  ....  1 

Release  of  without  payment  void 304  ....  3 

307  ....  2,  3 

Innocent  purchaser  protected 307              3 

Sale  under,  bid  by  County  Auditors 310  ....  11 

310  ...'.  2 

Cash  not  paid'for 310              1 

How  conducted 308             1 

In  parcels 309  ....  7 

Less  than  whole  tract 309              2 

More  than  due,  for 309  ....  5 

Notice  of 304             1 

307  ....  1 

308  ....  3 

Quieting  title  against 309              9 

Redemption  from  309             6 

Reimbursing  county  for  deficit 310              3 

Statute  must  be  followed 309             1,4 

Subrogation  of  purchaser 313  ....  6 

310  ....  12 

Suit  to  foreclose 313  451 

Surplus  paid  over  to  land-owner 310  ....  4 

When  valid 304              1 

Without  appraisement 309              8 

Suit  for  deficiency  in 307             2 

310  ....  1 

To  cancel,  can  not  be  maintained 296  ....  4 

Tax  lien,  superior  to 313             5 

312  ....  2 

304  ....  2 

302  ....  3,4 


452  SCHOOL  LAW  OF  INDIANA. 

MUSIC—  PAGE.  BEG.       NOTB. 

Pupils  may  be  required  to  study 113  11 

205  ....  3 

NAME— 

School  corporation,  takes  from  civil  corporation 118  ....  1 

Townships,  courts  do  not  take  notice  of 118  ....         18 

NARCOTICS— 

Effect  of  must  be  taught  in  schools 205  228 

Teacher  examined  as  to 206  229 

Dismissal  for  refusing  to  teach 206  230 

NEGLECT— 

Trustee  liable  for  on  his  bond,  when 144  128 

NIGHT  SCHOOLS— 

Established  in  large  cities 141  121 

Hours  of  session 141  121 

Pupils  who  may  attend 141       121-122 

NORMAL  SCHOOLS— 

Agent,  pay  of 324  483 

Appropriation  for 321  ....  1 

363  624 

Building,  contract  for 321  473 

Christian  morality  to  control '  323  478 

Colored  pupils  admitted  to 322  3 

Located  at  Terre  Haute 321  472 

Model  school  to  be  organized 322  474 

President  of 321  470 

Member  State  Board  of  Education 59  "2'2 

Pupils,  admission  of 322  47(5 

Certificates  to 323  481 

Diplomas  to .- 323  481 

Qualifications  for  admission  to •  •  •  •   322  '2 

Reports  to  General  Assembly 323  479 

To  Governor 323  479 

Rules,  may  adopt 322  

Secretary  of 321  470 

Sectarianism  forbidden 323  478 

Tax  to  support 362  623 

Amount  of  levy 362  623 

General  appropriations  repealed 363  624 

Permanent  endowment  not  affected  by 363  624 

Treasurer  of 321  470 

Pay  of 324  483 

Trustees,  studies  prescribed  by 322  475 

Governor  appoints 320  468 

Instructors  elected  by 322  475 

Organization  of 321  470 


INDEX.  453 

NORMAL   SCHOOLS— Continued.                                              PAGE.  SEC.     NOTE. 

Trustees,  pay  of 324  482 

Proposal  for  donations 321  471 

Term  of  office  of 320  469 

Vacancies  in 320  469 

Tuition  free 323  477 

Visitors  and  their  pay 323  480 

NOTE— 

Promissory  note,  see. 

OATH— 

School  officers  may  administer 258  329 

State  Superintendent's 55  10 

OFFENSES— 

Crimes,  see. 

OFFICE— 

County  does  not  furnish  County  Superintendents  with.  .93  ....           8 

Rent 117  ....         20 

109  ....       1,2 

State  Superintendent's,  where  located 55  11 

Women  may  hold 268  330 

Bond  for,  can  file 259  331 

OFFICER— 

Damages,  when  not  liable  for 218  ....           5 

Discretion  of,  not  reviewed  by  the  courts 136  26 

OPINIONS— 

State  Superintendent  gives 55  11 

Can  not  be  used  as  a  defense 56  ....           3 

Not  bound  to  give  to  every  person 56  ....           2 

PARENT— 

Compulsory  educatian  law,  must  obey 260  335 

Penalty  for  not 260  335 

Notice  to,  given  by  Truant  Officer 260  335 

Pupil,  see. 

PARENTAL  HOME— 

Consent  of  parent  as  to  putting  his  child  in 263  340 

Refusing  to  give 263  340 

Establishment  of 263  340 

Incorrigible  child  sent  to,  when 263  340 

PENALTIES— 

Belong  to  common  school  fund 51  1 

52  ....           2 

When  do  not 52  2 

PETITION— 

Withdrawing  signature  from,  when  can  not 293  1 


454:  SCHOOL    LAW    OF    INDIANA. 

PLANS  FOR  SCHOOLS—  PA01.  SEC.     NOTE. 

Report  of  State  Superintendent  as  to 56  13 

POOR— 

Children  of,  furnished  with  school  books 75  43 

Limit 75  43 

Pupils,  .see. 

PORTLAND— 

Bonds  for , 170  ....         10 

PRIVATE  SCHOOL— 

County  Superintendent  can  not  conduct 110  94 

Use  of  public  school  house  for 220  250 

Conditions  of 220  250 

Reports  by  teacher  as  to 220  250 

PRIVATE  SCHOOL  HOUSE— 

Can  not  be  repaired  at  public  expense 208             5 

PROCLAMATION— 

Concerning  school  books 68  31 

PROMISSORY  NOTE— 
Borrowing  money,  see. 

Consideration,  without,  void 117  ....         16 

134  ....         16 

Conspiracy  to  defraud,  invalidates 136  ....         28 

Funds  on  hand,  note  void 116             14 

Furniture,  given  for,  binding 1 28              !.) 

School  books  for,  trustee  can  not  give 128             42 

Suit  on  averments  as  to 116  ....         10 

Township  does  not  bind 1 21  >             13 

123  ....           8 

When  does  bind • , 128  ....           9 

129  ....         12 
PROPERTY— 

School  house,  see. 

Title  of  joint  graded  schools 137  112 

137  ....           2 

Trustee  has  care  of 131  108 

Sells,  when 222  253 

PROSECUTING  ATTORNEY— 

Suit,  brings,  for  Superintendent  of  Public  Instruction.  58  16 

PUPILS— 

Assault  on,  what  is 218  .... 

Classified,  may  be 50  ....           4 

Colored  pupils,  see. 

Higher  grades  for 202  224 

May  have  separate  schools 202  224 


LNDKX.  455 

ITPILS— Continued.                                                                             PAGE.  8EC.     NOTB. 
Compulsory  education,  see. 

Corpor.-il  punishment  for 218  ....            3 

Detention  after  school  because  of  tardiness 134  18 

Director  may  exclude  from  school 217  246 

Length  of  time 217  246 

Disciplining,  teacher  may 217  1 

Dismissal,  appeal  as  to 219  247 

How  taken 219  1 

For  breaking  school  property 218  ....            2 

Examination  by  County  Superintendent 104  85 

Exempt  from  compulsory  education  la\v,  when 200  334 

Graduation  of 122  24 

Incorrigible,  sent  to  Parental  Home 2<>3  341 

Injured,  school  corporation  not  liable  to 209  ....           3 

Kindergartens,  who  may  attend 118  118 

Mandamus  lies  to  compel  restoration 218  5 

Night  schools,  age  of 141  122 

Poor,  appropriation  for 2Ui>  226 

Assisted  by  public 262  339 

List  of  those  aided 262  339 

Matron  of  Orphans'  Home  provides  for   203  223 

Instructs 203  225 

Payment  for,  how  made 2~>5  235 

AVhere  accommodated 203  ....            1 

Residence  of,  is  that  of  parent 153  ....           2 

154  ....           3 

Rules  of  school  must  obey 122  ....         23 

136  ....         27 

Teacher  reports  concerning 142  125 

PURDUE  UNIVERSITY— 

Acceptance  of  grant  for 361  622 

Agricultural  College,  scrip  for 354  600 

Amendment  or  repeal  of  law,  as  to 357  610 

Appropriation  for,  repealed 363  (!24 

Colored  students  admitted  to 353  3 

Dedication  of  streets  by 356  607 

Of  lands  for  streets 357  608 

Donations  to 355  603 

Farmers'  Institute,  conduct 361  619 

Appropriation  for 361  621 

Time  and  place  of  holding 36 1  620 

Funds  of,  how  invested 359  617 

Donations  by  355  603 

Gift  to  Institute  of  Technology 360  618 

Terms  of 360  618 

Institute  of  Technology 360  618 

Terms  of   3HO  618 

Open  to  all 360  618 


456  SCHOOL    LAW    OF    INDIANA. 

PURDUE  UNIVERSITY— Continued.                                      PAGB.  SEC.     NOTE. 

Location  of 355  604 

N^ame,  corporate  of 355  605 

~   »                                                                                                     356  606 

President  of  member  of  State  Board  of  Education 79  22 

Appointment  of 358  61 4 

Purdue,  John,  privileges  of 357  609 

Rules,  in  ay  adopt 356  1 

Scrip,  sale  and  investment  of 354  602 

Secretary,  appointment  of 358  614 

State  Chemist,  Prof,  of  Chemistry  in 354  602 

Students,  County  Commissioners  appoint  two 359  615 

Number,  limited 359  616 

Privileges  allowed 359  615 

Rules,  must  obey 356  I 

Tax  to  support 362  623 

Amount  of  levy  for 362  623 

General  appropriation  for  repealed 363  624 

Permanent  endowment  not  affected  by 363  624 

Treasurer,  appointment  of 363  624 

Treasurer,  bond  and  duties 358  614 

Trustees,  appointment  of 354  601 

358  614 

Term  of  office 358  612 

Vacancies,  how  filled 358  613 

QUESTIONS— 

Traffic  in  a  crime 416  651 

QUORUM— 

Township  Trustee  of  to  elect  County  Superintendent. . .     92  ....           2 

QUO  WARRANTO— 

To  test  election  of  County  Superintendent 93  ....           6 

REAL  ESTATE— 

Taking  school  property  for  highway 119 

REAPPRAISEMENT— 

Forfeited  lands  to  be 311  445 

Deficiency  in  made  up  by  county 311  445 

How  made 311  445 

RECOMMENDATIONS— 

State  Superintendent  makes 56 

RECORD— 

County  Superintendent  keeps ' 1 00  m 

Decision  entering  in 1 05  .... 

Inspecting,  public  may 131 

Parol  evidence  of  contents 105 

Township  Trustee  keeps 130  106 


INDEX.  457 

REDEMPTION— 

From  sale  under  school  mortgage 286  6 

287  ....          2 
REMOVAL— 

County  Superintendent,  of 91  73 

For  neglect  to  give  additional  bond 70  35 

Director,  of 206  231 

Pupil,  of 217  246 

School  House,  see. 

Trustee,  of 145  132 

RENTS— 

Congressional  township,  of,  county  liable  for,  when  ...     53  ....           1 

Distribution  of 280  1 

Suit  for,  how  brought 53  2 

To  whom  belongs 53  3 

REPORTS— 

Appointment  of  School  Trustees  to  vacancy 124  104 

Repealed 124  5 

Apportionment  of  school  revenue 108  90 

Basis  for 108  1 

County  officers  must  make,  when 58  17 

County  Superintendent  to  school  book  contractor 77  48 

Duplicate  of,  where  filed 77  43 

To  County  Commissioners 110  93 

County  Treasurer  makes  monthly,  when 239  287 

Receipt  receives  on  for  payments 236  285 

Election  of  County  Superintendent 91  73 

Enumeration  of 151-159       141-149 

Affidavit  concerning 159  149 

Failing  to  make,  penalty  as  to 107  89 

Interest,  as  to  amount  collected 160  153 

Licenses  granted  teachers,  concerning 100  80 

Liquor  licenses,  as  to  amount  collected 160  153 

Observations  (of)  on  school  systems % 56  13 

Private  school,  as  to,  when  taught  in  public  school  house.  220  250 

Receipts  And  expenditures,  teachers  make 131  107 

Sale  of  lands  (of)  can  not  be  conclusive 317  1 

School  books,  annually  only,  when 75  44 

Contents  of 75  44 

Concerning  number  needed   68  32 

By  County  Superintendent 68,  70  32,  36 

Dealer  concerning  sales  made 82  58 

Copy  sent  to  County  Superintendent 82  58 

Receipt  of.  made  to  County  Superintendent 73  42 

Sales  of,  made  to  County  Superintendent 73  42 

Sales  of,  made  to  dealers t. 81  56 


458  SCHOOL    LAW    OF    INDIANA. 

REPORTS— Continued.                                                                   PAGE.  BEC.     NOTE. 

State  Supt.  Public  Instruction  to  General  Assembly  ...      56  13 

Contents 56  13 

To  Governor 56  12 

Contents 56  12 

Printing 56  13 

Distribution  of 56  13 

Statistics  (of),  to  County  Superintendent 143  126 

Tax,  amount  reported  to  State  Superintendent 160  152 

Contents  of 160  153 

Teachers  to  Trustees 142  125 

Contents 142  1 25 

Failure  to  make,  no  pay 142  125 

Suit  for  pay,  proof  as  to  right  to 1 42  2 

Transfers,  as  to 155  142 

Trustees,  when  make 1 43  126 

Contents 143  126 

Failure  to  make,  penalty 144 

Of  expenditures 122  105 

Approval 122  105 

Effect 122  105 

Filed  with  County  Superintendent 122  105 

RESIDENCE  - 

Of  minor 153  ....           2 

154  ....           3 

RESIGNATION— 

County  Superintendent 93  14 

Election  to  fill  future  vacancy 126  6 

REVENUE— 

Accounted  for  by  trustee 122  105 

Anticipating,  what  may  be ' 125  10 

Apportionment 56 

Made  by  County  Superintendent 108  90 

Basis  for 108  ....           1 

Apportionment,  see. 

Congressional  township,  of,  when  divided,  report  as  to.  161  154 

Conversion  of,  what  is 1 24  ....            1 

Distribution  of  to  counties 162  158 

Division  of  on  incorporating  a  town 118  ....           4 

119  ....           7 

Dog  fund,  a  part  of,  when 166  163 

City  entitled  to  a  part 166  1 

Town  entitled  to  a  part 166  ....           1 

Equalization  of 280  

Excess  paid  by  county  to  State  Treasurer 163  159 

Fund,  see. 

Incoming  treasurer  entitled  to 1 23  .... 

Ma  v  sue  for..                                                                   .123  37 


INDEX.  459 

REVENUE— Continued.                                                               PAGB.  SBC.    NOTB. 

Interest  on  sinking  fund,  is 166  162 

Loss,  trustee  liable  for 127  ....            2 

Management  of 122  105 

Mixing  with  civil  township  funds,  credit  for 130  ....          19 

Ownership  of 130  22 

Payment  to  counties  162  158 

Record  of  receipts  and  expenditures 130  106 

Eeport  of  State  Superintendent 56  12,13 

To  State  Superintendent 160  152 

Contents  of 160  153 

Penalty  for  neglect  to  make 161  155 

School  buildings,  special  for 172  168 

School  tuition  fund  not  used  for  kindergartens 140  118 

Special  school,  proceeds  of  sale  of  property  belonging  to  222  252 

Surplus 141  123 

142  124 

State  Superintendent  of  Public  Instruction  examines          58  16 

57  14 

Superintends 55  11 

Surplus  special  school,  to  build  school  houses 172  168 

In  cities  and  towns 141  123 

Tax  for,  State 145  133 

Town  entitled  to  part  of  township,  when 130  24 

Trustees  receive 126  105 

Tuition,  misapplication  of 131  ....            1 

Must  not  be  used,  when 130  106 

"When  must  be  expended 207  232 

Unapportioned  balances 164  160 

Unsafely  invested,  duty  of  State  Superintendent  as  to. .     57  14 

"Warrant  to  County  Treasurer  for 163  159 

RULES— 

Authority  to  adopt 122  22 

County  Board  of  Education  may  adopt  for  schools Ill  ....           2 

Library  for,  adoption 235  281 

School  Commissioners  may  adopt 237  286 

Pupil  bound  to  obey 122  23 

136  ....         27 

Reasonable,  must  be 121  15 

122  ....  19,  23 

134  ....         18 
59  22 

218  ....           2 

256  ....          1 

Record  of  need  not  be  made  for  schools 134  18 

School  officers  may  make  for  schools 134  18 

135  21 


460  SCHOOL    LAW    OF    INDIANA. 

SALARY PACK.  BEG.       NOTE. 

County  Superintendent's 109  91 

School  Commissioners  receive  none 177  174 

School  Superintendent  for  city  or  town 137  111 

School  Trustee 119  100 

SALE  OF  MORTGAGED  LANDS— 

Bid  of  County  Auditor  on,  when 310  443 

Duty  to  bid  in 310  2 

310  ....         11 

Deed  on,  making 312  447 

313  ....       2,3 

Recording 312  1 

Division  of  on  sale,  immaterial 308  ....           1 

Judgment  on  foreclosure 309  8 

Merger  of  mortgage  by 310  14 

Notice  of 307  441 

Must  be  given 307  2 

308  ....           3 

Portion  sold 309  3 

Quieting  title  to 309  9 

Reappraisement  of  lands  bid  in 31 1  445 

Deficit  in  value  made  up 312  446 

Redemption  from 309  ....            6 

Resale 310  443 

Rate  of  interest  on 309  10 

Reimbursing  county    310  ....           3 

Statement  and  record  of 313  448 

Statute  must  be  preserved 309  2,  4 

310  ....           1 

Subrogation  when  sale  illegal 309  ....         12 

Suit  on  note  given  for  purchase  money 310  ....           1 

Surplus,  who  gets 311  444 

310  ....           4 

Taxes,  preventing  of  lien  of 311  2 

SALE  OF  SCHOOL  LANDS 285  380 

Appraisement 314  454 

Reappraisement 31 4  454 

Certificate  of  purchase 292  1 

289  391 

Lost,  proceedings  thereon 291  398 

Record  and  assignment  of 290  394 

Conveyance  to  county 313  450 

County  Auditor  gives  quietus 292  399 

County  Commissioners  to  order 285  380 

Deed,  when  to  issue  on 290  1 

292  ....           1 

292  401 

Assignment,  defective  on 290  395 


INDEX. 

SALE  OF  SCHOOL  LANDS— Continued.  PAQK.  EKE.     NOTE. 

Election  as  to 284-285       374-379 

Estoppel  to  dispute  validity  of 290  1 

Fees  paid  by  purchaser 285  380 

Forfeiture  prevented,  how 287  383 

Mandate  to  compel 286  ....  1 

Notice  of 307  441 

Payment,  penalty  for  not  making 290  393 

Deferred,  when  reported 280  381 

Indorsement  of,  where 292  400 

When  may  be  made 291  397 

Where  to  be  made. 292  399 

Petition  for,  how  had , 284  1 

285  ....  1 

293  ....  2 

293  404 

Private,  by  Auditor,  when 288  1 

288  386 

Public,  must  be 286  1 

Purchase  by  county  of  mortgaged  lands 314  452 

Lease  after  purchase 314  452 

Sale  of 314  454 

Purchase  money  is  a  loan,  when 291  396 

Purchaser,  possession  by 290  392 

Enjoined,  when 290  394 

Rights  of,  if  title  fails 293  405 

Waste,  when  liable  for 288  384 

Redemption  from 288  ....  2 

Resale,  forfeiture 288  1 

Surplus  revenue  lands,  of 294  406 

Terms  of 286  381 

Timbered  lands,  conditions  as  to 286  381 

Title,  when  complete 293  403 

Voters  for,  who  are 280  1 

Waste,  suit  for 288  385 

SALEM— 

Bondsfor.. 170  ,...  9 

SALE  OF  SCHOOL  HOUSE— 

How  had 222  ....  2 

SALINE  FUND— 

Belongs  to  schools 51  2 

275  359 
SCHOOLS— 

Abolishing,  effect  on  teacher's  contract 123  32 

Alcohol,  effect  of  must  be  taught  in 205  228 

Appeal,  concerning  establishment  of 256  327 

Bible  not  excluded  from  , .  .200  221 


462  SCHOOL    LAW    OF    INDIANA. 

SCHOOLS— Continued.                                                                  PAQK<  SEC>    NOTBi 

Branches  taught  in 204  227 

Additional,  when  taught 204  227 

German,  when  taught 204  227 

Compelled  to  teach 204  1 

205  ....           6 

Latin  taught  in 204  1 

Music  taught  in 205  ....           3 

Care  and  oversight,  County  Superintendent  has 105  86 

Classified,  may  be 50  ....           4 

Closing  because  of  epidemic 122  19,  20 

During  County  Institutes 230  268 

Colored  schools,  see. 

County  Superintendent  visits 105  86 

106  ....           2 

Devotional  exercises  in 206  ....           3 

Discontinuance 210  ....           1 

Discretion  of  trustee 210  2 

Petition  as  to' 210  5,6 

Redistricting 210  4 

School  house,  new 210  3 

General,  must  be 50  2 

General  Assembly's  powers  over 51  ....           7 

German  taught  in 204  2i!7 

Must  be,  when 204  1 

205  ....           «i 

Petition  for , 204  227 

Latin  may  be  taught  in 204  1 

Located  by  school  trustee 131  108 

Music  may  be  taught  in 205  ....           3 

Narcotics,  effect  of  taught  in 205  228 

Open  to  all,  must  be 50  1 

50  ....           4 

Separation  into  departments 134  14 

State  institutions  are 50  ....           1 

Supplies  for,  purchased 272  355 

Term,  length  of 202  223 

Trustees,  see. 

Uniform,  must  be 201  222 

201  ....           1 

Who  entitled  to  benefit  of 155  8 

SCHOOL  AGE— 

From  7  to  14 260  334 

SCHOOL  BOARD— 

Majority  of  members  of  control 228  ....           2 

SCHOOL  BONDS— 
Bonds,  see. 


INDEX.  4«i:J 

SCHOOL  BOOKS-  PAGE.  SEC.     NOTE. 

Appropriations  for  School  Book  Commissioners  ...;...  72  :!'.» 

75  45 

90  ,     69 

Author  furnishing 65  27 

Bids,  advertising  for .    ...  65  27 

For  a  history 72  40 

For  a  physiology 72  40 

For  a  primary  spelling  book 72  40 

For  revision  of  text  hooks 84  63 

Completion  of 65  27 

From  authors 65  27 

Copyright  to  furnish ! 65  27 

From  publishers 65  27 

Opening 66  28 

Rejecting 65  27 

Sealed,  to  be 65  27 

Bond  to  accompany  bids 65  27 

Given  by  County  Superintendent 76  47 

Of  Commissioners 64  26 

Choice  of  books,  Legislature  may  make 65  ....           2 

Cities  (in)  of  100,000  population,  selection 186  188 

Constitutional  acts  as  to,  is 65             1,  2 

Contractor,  bond  must  give 65  27 

90  70 

For  revision 90  70 

New,  when,  must  give 90  70 

85  64 

Neglect  to  give •      70 

Consent  files,  for  revision  . .  .*. 84  63 

For  sale  of  books  by  dealers 80  55 

Furnishes  reports  to  State  Superintendent 85  64 

How  paid 68  30 

Contractor,  reports  to  by  County  Superintendent 70  36 

Separate  works,  for 67  29 

Copyright,  author  to  furnish 65  27 

County  Board  of  Education  adopts 97,  111  85 

County  Superintendent,  additional  bond  as  to  give 70  35 

Obligation  of 70  35 

Removal  for  neglect  to  give 70  35 

Certifies  to  number  needed 68  32 

Liable  for  amount  of  sales  of 70  36 

Purchaser  for 68  32 

Credit  to  trustee  for  books  sold 73  42 

75  44 

Damaged,  returned  by  trustee 78  51 

Notice  to  contractor  as  to 78  51 

To  County  Superintendent  as  to 78  51 


4(U 


SCHOOL    LAW    OP    INDIANA. 


SCHOOL  BOOKS— Continued.  PAGK.  SECt     NOTE 

Dealer  makes  reports  of  sales 82  58 

Copy  sent  to  County  Superintendent 82  58 

Reductions  to,  of  price 80  55 

Selling  for  more  than  price  fixed 84  62 

Embezzlement  concerning 83  61 

County  Superintendent 71  38 

Of  proceeds  of  sales  of 77  49 

Fund  out  of  which  trustees  pay  for 73  42 

Geographies,  how  often  revised 89  67 

Grammar,  advertising  for 72  40 

Intermediate,  providing 88  65 

History,  advertising  for .' 72  40 

How  often  revised 89  67 

Intermediate  book,  revision  of 84  63 

Grammar  providing 88  65 

Price 88  65 

Size 88  65 

Judgment  against  County  Superintendent  as  to 70  36 

Attorney  fee  to  embrace 70  36 

For  proceeds  of  sales 70  34 

Attorney  fee  to  embrace 70  34 

Language,  lessons  providing 88  65 

Price 88  65 

Size 88  65 

Law  concerning,  printed  and  distributed 79  53 

Legislature  may  adopt 79  6 

Liability  of  school  officers  for  neglect 83  60 

Judgment  against 83  60 

Manuscript  for • 67  29 

When  to  purchase 67  29 

Note  for  payment  of,  trustee  can  not  give 73  42 

Notice  of  shipment,  contractor  to  give 78  51 

Number  for  county,  how  ascertained 68  32 

For  township 68  32 

Offense  as  to 71  37 

Opening  package  of,  when  done 78  51 

Payment  for,  when  made 73  42 

Physiology,  advertising  for 72  40 

Poor  children  furnished  with  books 75  43 

Limit  of 75  4:? 

Price  sold  at  to  patrons 66-72  28-40 

Dealers  can  not  raise 80  55 

Intermediate  grammar 88  65 

Printed  on  covers  of 79  52 

Duty  of  school  officers  as  to 79  52 

Exception  as  to  copy  book 79  52 

Reduction  of,  when 85  64 

Contractors  declining  to  accept 85  64 

Selling  for  more  than  allowed,  offense 71-84  37-62 


INDEX. 


405 


SCHOOL  BOOKS— Continued.  PAGK.  SEC.     NOTE. 

Printing  school  book  law 90  71 

Proclamation  of  Governor  as  to 68  31 

Purchasing,  who  may 68  32 

Readers,  contents  of 64  26 

Receipt  of,  acknowledging,  by  Trustees 73-68  42-32 

County  Superintendent  notifies  Trustee ,  68  32 

Report  as  to,  annually,  when  necessary  only 75  44 

Contractor  to,  of  proceeds  of  sale 77  48 

To  furnish  blank  for 82  58 

County  Superintendent  to  contractor  of  sales 70  36 

Quarterly,  when  not  necessary  75  44 

Receipt  of  books,  by  Trustee 73  42 

Sales  of,  by  County  Superintendent,  to  contractor  .  83  59 

Cash  to  accompany 83  59 

Contents  of 83  59 

Duplicate  filed  with  County  Auditor 83  59 

Dealer  makes 82-81  58-56 

Sent  to  County  Superintendent 82  58 

Quarterly,  made 69  33 

To  County  Superintendent 73  42 

Requisitions  for  by  County  Superintendent 68  32 

By  Township  Trustee 73  41 

Limit  of 73  41 

Scaling  down 73-85  41-64 

Returning  unsold  to  contractor    73  42 

Credit  for 73  42 

Freight  on,  who  pays 73  42 

Revision,  contract  for , 89  68 

Contractor  to  consent 84  63 

Revision,  cost  of 84  63 

Geography,  how  often  had 89  67 

Grammar,  of 88  65 

History  of,  how  often  had 89  67 

Intermediate  grammar 89  66 

Notice  to  schools  as  to 85  64 

Standard  of t 89  68 

Time  to  make 85  64 

Time  to  print 85  64 

When  may  be  ordered 84  63 

Who  makes 84  63 

Sales  of  by  dealers  or  merchants 80  55 

Cash  for  only 68  32 

Consent  of  contractor  to 80  55 

Old  books,  providing  for 68  32 

Proceeds  of,  how  disposed  of 73  42 

Price  of  .  68  32 


30-Snr.    L 


46(3 


SCHOOL    LAW    OF    INDIANA. 


SCHOOL  BOOKS— Continued.  PAGK.  SEC-     NOTB> 

Report  to  contractors  as  to 70  36 

Quarterly  as  to , 69  .'33 

To  County  Superintendent 73  42 

Size  of 64  26 

Spelling  book,  advertising  for 72  40 

State  Board  of  Education,  duties  concerning 64  26 

Notice  of  revision  given 85  64 

State  Superintendent  of  Public  Instruction,  duty  as  to     68  32 

State  not  liable  for 68  30 

Suit  for  proceeds  of  sale  of 76  46 

Attorney  fee  as  to 76  46 

Judgment  as  to     76  46 

Contractor's  bond  on 90  70 

Attorney-General  brings 90  70 

County  Superintendent  concerning 70  34 

Supplemental  acts  or  law 80-91  54-72 

Text-books  to  be  purchased . 64  26 

Trustees  can  purchase  for  poor  pupils 262  339 

Money  for,  pays  County  Superintendent 69  33 

Number  needed,  certifies  to 68  32 

Personally  liable  for 68-73-76     32-42-46 

Reports  sales  quarterly 68  32 

Uniformly  bound,  must  be 78  50 

Wrapping  for  shipment 78  51 

SCHOOL  CITY- 
City,  see. 

Suit  against,  how  brought 115  ....           7 

SCHOOL  CORPORATION— 

City  is. 284  373 

Name  of 283  372 

Process,  how  served  on 255  326 

Town  is 118  99 

Township  is 114  98 

SCHOOL  DIRECTORS— 

Directors,  see. 

SCHOOL  DISTRICT— 

District,  see. 

School  meetings,  see. 


SCHOOL  EXAMINERS— 

Duties  of  performed  by  County  Superintendent 


91 


SCHOOL  COMMISSIONERS— 

Act  of  1899 180-197 

Accountant 190 

Act  of  1871  in  force..  .   180 


73 


179-214 
197 


INDEX.  4G7 

SCHOOL  COMMISSIONERS— Continued.  PAGE.  SEC.     NOTE. 

Act,  Advisory  Board 185  180 

Appropriation  necessary 190  199 

189  195 

Auditor 188  191 

Bond 189  196 

Duties 188  191 

Pay 189  192 

Warrants 188  192 

Board,  appropriations  by  committees 184  185 

185  184 

Legislative  act 184  185 

Resolutions 184  185 

Director  signs 184  185 

Books  for  schools 186  188 

Census,  subsequent 196  211 

Commissioners 181  180 

Board 183  183 

Election 181  180 

Meetings 184  184 

Nominations 181  180 

Organization  of  Board 183  183 

President  of 183  183 

Qualification 181  180 

Removal 1!>5  209 

Rules 184  184 

Secretary  of 183  183 

Terms  . 183  182 

Treasurer  of 183  183 

Vice-President  of 183  183 

Debt  limit 194  206 

Director,  bond 188  190 

Duties 185  187 

188  190 

Election 185  187 

Employes,  selects 187  188 

Oath  . . .' 187  188 

Powers 187  188 

Resolution,  signs '. . .   184  185 

Term 187  188 

Eminent  domain 195  208 

Employes,  selection 187  188 

Discharging 187  188 

Examination 185  186 

Who  are 184  184 

Funding  debt 1 92  202 

Library 185  186 

Librarian,  selection 186  188 

187  188 


468  SCHOOL    LAAV    OF    INDIANA. 

SCHOOL  COMMISSIONERS— Continued.                                PAGE.  SEC.     XOTE. 

Librarian,  duties 1 86  1 88 

Oath 187  188 

Old  board  continued 193  205 

Payments  to  Treasurer 190  198 

Purchasing  building  sites 195  207 

Salaries  of  officers 184  184 

School  house,  bids  for 191  201 

School  law  in  force 193  204 

Superintendent,  appointments  by 186  188 

Assistants 185  186 

Election , 186  188 

Oath 187  188 

Removal 187  188 

Term 186  188 

Tax  levy 193  203 

To  pay  debts 196  210 

Teachers,  selection 186  188 

Number 185  186 

Vacancies  in  office 184  184 

Warrants,  who  issues 188  192 

Illegal,  when 189  194 

Proof  of  claim 189  193 

Board  of 173-178       169-176 

Bonds  to  build  school  house 178-179      177,  178 

Certificates  of  members 174  171 

Districts,  may  change 173  170 

Duties  and  powers  of 175  172 

Election  of 173  169 

Library,  bonds  for  may  issue 239  289 

Interest  on,  rate  of 239  289 

Limit  of  issue 239  289 

Renewing,  can  not 239  289 

Tax  for 240  290 

Loans,  may  make 178  176 

Manual  Training  Schools,  creating  .  .  .  196  212 

Subjects  brought  in 1 96  212 

Tax  to  complete 197  214 

Teachers  for 196  213 

Meetings  of 177  1 74 

Organization  of 174  171 

Pay,  get  none 1 76  1 74 

Poll  tax,  can  not  levy 176  1 

President  of 174  171 

Rules  for  library,  may  adopt  237  286 

School  laws  govern 178  175 

Secretary  and  treasurer  of 174  171 

Taxes,  how  collected  for 238  287 

Levy ' 237  286 


INDEX.  469 

SCHOOL  COMMISSIONERS— Continued.  PACK.  SEC.     NOTE. 

Term  of  office 174  171 

Vacancies,  how  tilled 174  171 

SCHOOL  HOUSES— 

Annexed  territory  in,  belong  to  city  or  town 202  253 

Deed  for. 202  253 

Law  as  to  valid 254  1 

Pay  for 223  254 

Appeal  concerning  contract  to  build 256  ....  1 

Location  of,  effect 208  2,  4 

256  327 

256  ....  1 

257  ....          I) 
Bonds  to  build,  conditions  authorizing 168  164 

169  ....  1 

House,  where  located 169  3 

Law  authorizing  valid 169  ....  2 

Bonds  to  build,  when  may  be  issued 168  164 

Denominations  of 168  164 

Interest  payable  semi-annually 168  164 

Leave  to  issue,  who  grants 168  164 

Limit  of  amount , 168  164 

Petition  for  leave  to  issue 168  164 

Sale  of 168  164 

Bonds  to  complete 170  165 

Limit 170  166 

Tax  to  pay 170  166 

Use  of  proceeds 170  165 

Bond  to  secure 170  165 

City  can  not  pay  for  out  of  general  fund 142  ....  1 

Cities  (in)  of  100,000 191  201 

Civil  township  can  not  build 93  ....  6 

County  can  not  build 132  ....  3 

228  ....  5 

Custody  of,  Trustee  has 134  15 

Decision   of   County   Superintendent    as  to  location  is 

final 257  ....  4 

Defect  in,  not  liable  to  child  for  injury  to 209  3 

Director  of  school  district  has  charge  of 217  245 

Fuel  for,  purchase  of 217  245 

Repairs,  makes  on 217  245 

Donations  for 224  255 

Loan  to  aid  donation 224  255 

Interest  on 224  255 

Doors  must  swing  outward 211  237 

Penalty  for  neglect  as  to 211  237 

Ejectment  for,  school  corporation  brings 115  5 

Erection,  petition  for : 207  232 

Estimate  of  cost  of  furnished  by  district  meeting 209  ....  1 


470  SCHOOL    LAW    OF    INDIANA. 

SCHOOL  HOUSES-Continued.                                                 PAQE.  SEC      NOTI5 

Extra  territorial  location,  invalid 220  3 

Incorporating  town,  effect  of  school  house  without  it. . .   118  . . . .           4 

Enjoining  erection  of  for  fraud 228  4 

Joint  for  several  school  corporations 

Cost  of 108  1 31 

Title  to 108  131 

Location,  appeal,  decision  of  County   Superintendent 

on,  final 208  6 

Discretionary  with  Township  Trustee 209  9 

228  ....           1 

Powers  of  trustee  as  to 207  1-4 

Materials  furnished  for  by  taxpayer 146  135 

Mechanic's  lien,  can  not  be  placed  on 133  13 

136  ....         30 

177  ....           5 

Petition  for  additional,  appeal 136  ....         31 

Appeal  lies  on 209  ....            1 

Need  not  originate  at  district  meeting 209  ....            1 

New,  how  authorized 272  355 

To  erect 207  232 

To  remove 207  232 

Possession  of,  Township  Trustee  has 217  ....           1 

Private  school  Louse,  can  not  be  repaired 208  5 

Providing,  not  bound  to  go  in  debt  for 133  ....          10 

Purchase  of  grounds  for,  how  made 121  ....           5 

Repairing,  directors  make  217  245 

How  ordered  207  232 

Order  for 209  234 

Petition  for,  sufficiency 209  234 

Private,  repairing 136  32 

Sale  of,  petition  for 207  232 

Deed  given  on 222  252 

Purchase  money,  where  belongs 222  252 

When  may  be  made 222  252 

222  ....           2 

School  corporation  builds 228  2 

Must  own  or  lease  before  repairing 136  32 

Site  for,  proceedings  to  obtain 227  263 

Appraisers  of 228  264 

Report  of 228  264 

Payment  for 228  265 

Special  tax  to  pay  for 150  139 

Subscription  for,  conditional,  sv.it  on 209  2 

Suit  to  set  aside  contract  as  to 133  ....         13 

Surplus  special  school  revenue  to  build 172  168 

Tax  to  build  or  repair 146  135 

To  complete  in  towns 151  140 

To  complete,  petition  for  not  necessary 169  ....           5 


INDEX.  471 

SCHOOL  HOUSES— Continued.                                                   PAGE.  SEC.     NOTE. 

Tax-payer  furnishing  supplies  for,  credit  on  tax 140  135 

Title  to  in  school  corporation 219  249 

169  ....           4 

Held  in  trust 219  ....            1 

Town  incorporating  gets 220  .... 

Contract  for,  when  binding 228  ....            2 

Trustees  provide  for 131  108 

May  disregard  petition  for 207  232 

Use  of  for  other  than  school  purposes 221  251 

Equal  privileges  as  to 221  251 

Petition  for 221  251 

Private  school,  for 220  250 

Conditions  as  to 220  250 

Petition  for 220  250 

Trustee's  duty  as  to 221  2 

SCHOOL  LANDS- 

Adverse  claims  to  can  not  be  made 280  ....           5 

Drains  can  not  be  assessed  for 280  ....           4 

Lands,  see. 

SCHOOL  MEETINGS— 

Appeal  concerning 256  327 

District  of,  annually  held 206  231 

Estimate  of  cost  of  repairs  given 209  233 

Meetings,  we. 

None  held  in  city  or  town 213  ....           7 

207  ....           4 

Notice  of,  necessary 209  ....           7 

Others  held  on  call  of  directors 207  232 

Legality  of,  who  determines 207  232 

Notice  of 207  232 

Want  of  not  to  vitiate 207  232 

Plurality  vote  controls 209  8 

Repairs  to  school  houses  ordered  at 207  232 

Voters  at,  who  are 206  1 

207  ....           3 

207  232 
SCHOOL  MONTH— 

Length  of 202  223 

SCHOOL  ORDERS- 
Promissory  notes,  see. 

SCIi  OOL  PROPERTY— 

Deed  for  must  be  secured 219  249 

Joint  district,  title  to,  how  held 224  1 

Lands,  see. 
School  houses,  see. 

Title  in  school  corporation 219  249 

When  may  be  sold 222  252 

222  2 


472  SCHOOL    LAW    OF    INDIANA. 

SCHOOL  SECTION-  PAGE.  SEC.     NOTK. 

Lands,  see. 
Proceeds  of  sale  of,  who  manages 279  ....  2 

SCHOOL  SUPPLIES— 

Suit  to  recover  price  of 116  ....         12 

Teachers  may  testify  concerning 116  . . .  „         12 

SCHOOL  TOWN— 
Town,  see. 
Suit  against,  how  brought 115  ....  7 

SCHOOL  TOWNSHIP— 

Banks,  receiving  funds  of,  liability 116  ....  13 

Borrowing  money,  when  liable  for 115  ....  10 

Suit  against  for,  how  brought 115  ....  10 

Civil  and  school  district 114             1 

Funds  kept  separate 114  ....  1 

Contract,  may  make 114  98 

Corporation,  is 114  98 

Devise,  may  be  made  to 114  

Ejectment  for  school  house,  may  bring 115             5 

Funds  of  kept  separate 114             1 

On  hand,  can  not  borrow  more 116  ....  14 

Name  of 114  98 

Courts  do  not  notice 116  ....  18 

School  house,  builds 115             5 

School  supplies,  suit  against  to  recover  cost  of 116  ....  12 

SCHOOL  TKUSTEES- 

Trustees,  see. 

SCHOOL  WEEK— 

Length  of 202  223 

SCHOOL  YEAK— 

When  begins 207  232 

SEAL- 

State  Board  of  Education  of 59  22 

Eecord  of 59  22 

SEMINARIES— 

Sale  of  lands  void 52  2 

SETTLEMENT— 

County  Treasurer  make  with  State 162  158 

SINKING  FUND— 

Interest  of  apportioned 166  162 

SIXTEENTH  SECTION— 

Grant  of  was  a  contract 54  ....       4,  5 

Judicial  notice  of  substituted  section  .  .  .   280  2 


INDEX.  47 o 

SLANDER—  PAGE. 

Charge  of  cruelty  against  teacher,  is  not 215  

Libel,  see. 

SPECIAL  SCHOOL  REVENUE— 

Proceeds  of  sale  of  school  property  belong  to 222  252 

STATE  BOARD  OF  EDUCATION— 

Books  and  papers  of,  where  kept 59  22 

Open  to  inspection 59  22 

County  Superintendent  carries  out  orders  of 105  86 

Duties  and  powers 60  23 

First  Board,  composition  of 60  ,,. . 

Governor,  member  of 59  22 

Meetings  of 59  22 

Stated,  holds 61  24 

Membership  of 59  22 

Mileage  of  members  of 63  25 

How  obtained 63  25 

Normal  school,  appoints  visitors  for 323  480 

Pay  of  members 63  25 

How  obtained 63  25 

President  of 59  22 

Of  Purdue  University,  a  member  of 59  22 

Of  State  Normal,  a  member  of 59  22 

Of  State  University,  a  member  of 59  22 

School  Book  Commissioners  are 53  .... 

Seal  of 59  22 

Secretary  of,  and  his  duties 59  22 

State  certificates,  grants  to  teachers 61  24 

Signing,  who  does 61  24 

Who  entitled  to 61  24 

State  Superintendent  of  Public  Instruction  a  member  of.     59  22 

State  University  Trustees,  appoints 329  494 

Teachers'  certificate,  grants 61  24 

Treasurer  of 59  22 

STATE  LIBRARY  AND  LIBRARIAN— 

Appropriation  for 366  635 

Assembly,  papers  of,  preserve 367  639 

Bond,  official,  of 364  «28 

Books,  purchases  of 366  635 

Accounts  of,  keeps 365  633 

Catalogue  of,  keeps 365  633 

Exchanges  for 366  635 

Injury  or  losing,  punished 368  647 

Missing,  duties  of  Librarian 368  642 

Purchases  of ..                                                              .  366  635 


474  SCHOOL    LAW    OF    INDIANA. 

STATE  LIBRAKY  AND  LIBRARIAN— Continued.            PAGK.  8EC.     NOTE. 

Books,  removal  of,  forbidden 060  '    630 

368  646 

Reports  names  of,  missing 368  642 

Use,  not  transferable 365  632 

Documents,  collected  and  bound 366  637 

Election  of 304  626 

Embezzlement  by 367  641 

Exchanges  and  sales  by 367  641 

Fines,  pays,  to  State  Treasurer 366  0:54 

Journals  and  laws,  preserves 367  638 

Leaves  and  law  books,  keep  separate 366  636 

Legislative  papers,  preserves 367  639 

Library,  open,  when 3£4  629 

Who  may  use 365  631 

Management  of 364  625 

Removal  of 368  645 

Report  of 368  645 

Salary  of 368  643 

Assistants,  of 368  643 

Janitors,  of 368  643 

State  Board  of  Education  controls 364  625 

Term  of  office 364  627 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Appeals  to 257  328 

Apportionment,  prints  statement  of 162  157 

Where  filed 162  157 

Balance  of,  duty  as  to 164  160 

Revenue  of,  makes  160-178       151-176 

Appropriation  for,  annual 55  11 

Attendance  on  business  of  office 55  11 

Blanks,  prepares , .     58  18 

Books  and  papers  of  office,  keeps 55  11 

Delivers  to  successor , 59  21 

Bookkeeping,  forms  for,  prepares : 58  19 

Clerks  of  office 55  11 

Additional 56  1 

Correspondence,  when  reports 56  13 

Counties,  must  visit 56  13 

County  Auditor's  books,  examines 57  14 

Defaulting,  brings  suit  against 339  466 

School  revenue,  reports 1 60-1 61        1 52- 1 55 

County  Superintendent  reports  to 109  80,  86 

Duties,  generally 55 

57  14 

Prescribed  by  law 54  8 

Election  of 54  8 

55  9 


INDEX.  475 

STATE  LIBRARY  AND  LIBRARIAN— Continued.            PA.GE.  SB0.     NOTE. 

Enumeration,  reports  to  Governor 56  12 

Forms,  prepares 58  18 

Funds,  supervises 58  16 

Deficit  in,  duties  as  to 277  361 

Diminution  of  county,  when 161  155 

Report  to,  as  to  divided  township 283  371 

Report  as  to 55  12,13 

Suit  for,  may  order 58  16 

General  Assembly,  reports  to 56  13 

General  superintendence  of  schools,  has 55  11 

Governor,  reports  to 55  12 

Instructions  furnishes 58  18 

Lectures  on  schools,  delivers 57  14 

Legislative  documents,  receives 59  21 

Libraries,  furnishes  books  to 59  21 

Normal  School,  is  trustee  of 320  468 

Oath  of 55  10 

Office  provided  for 55  11 

Opinions,  gives,  on  school  law 55  11 

Can  not  be  used  as  a  defense 56  ....       2,  3 

Plans  for  schools  proposed 56  13 

Prosecuting  Attorney  may  direct 58  16 

Recommendations  made 56  13 

Reports  to 283  371 

286  381 

318  462 

58  17' 

91  73 

100  80 

<•                               -                                              105  86 

124  104 

137  112 

160  to  161  152  to  155 

335  518 

From  county  officers,  may  require 58  17 

Reports  to  General  Assembly 56  13 

Contents 56  13 

To  Governor 56  13 

Contents 56  13 

Printing  and  distribution 56  13 

Revenue,  apportions 56  13 

Reports  as  to 55,  56  12,  13 

Supervises 58  16 

Salary  of 55  1 

School  books,  duty  as  to 68-73-85    32-42-64 

School  laws,  prints  and  distributes 90  71 

79  53 

Opinions,  gives  on 55  11 


476  SCHOOL    LAW    OF    INDIANA. 

STATE  LIBRARY  AND  LIBRARIAN— Continued.  PAGE.  SEC.     NOTE. 

School  officers,  must  meet 55  12 

Schools,  manages  business  of 55  11 

State  Board  of  Education,  duties  as  to 59  22 

State  University  reports  to 335  518 

Is  visitor  of 334  513 

Statistics  reports 56  13 

Suit  may  bring  to  protect  school  fund 58  16 

Teachers,  counsels  with 56  13 

Term  of  office 54  8 

When  begins 55  10 

Traveling  expenses  of 57  15 

Appropriation  for 57  15 

Visits  each  county  biennially 57  14 

STATISTICS— 

County  Superintendent  reports,  when 107  89 

Kind  to  be  reported 108  1 

Pay  for  reporting 110  4 

Superintendent  of  Public  Instruction  reports   56  13 

STATUTE  OF  LIMITATIONS— 

Does  not  run  against  school  funds 53  ....           2 

Limitations,  see. 

STUDY— 

Branches  taught,  see. 

Course  of  study,  see. 

Authority  of  County  Superintendent  as  to 106  ....           4 

General  Assembly's  power  over 51  ....            7 

Regulated  by  trustees 106  4 

STATE  UNIVERSITY— 

Agricultural  department  in 337  526 

Alumni,  defined 330  499 

Annual  meetings  of 331  501 

Nomination  of  trustees  by 331  500 

Method  of  voting  for 331  502 

Registering 330  499 

Appropriation  for  repealed 363  624 

Bond  to,  now  negotiable . .  326  487 

Books  from  State  Library  to : 337  529 

Building  and  repairs,  Committee  of 336  524 

Catalogue,  how  printed 336  1 

Colored  pupils  admitted  to 333  3 

Donations  to  by  city,  etc 353  ....           1 

Endowment  tax  for 325-327       485-490 

Establishment  of 325  484 

Faculty  of,  lectures  by 335  519 

Buildings  cared  for  by 336  524 

Powers  of 332  507 

Vacancies  in  ...,„..,,„ ,  * . . 332  504 


INDEX. 


477 


STATE  UNIVERSITY-Continued. 

PAGE. 

SEC. 

Fund  of,  how  derived  

338 

531 

Borrower  of,  abstract  made  bv  

340 

540 

Accounts  with  

343 

556 

State  Auditor's  warrant  to  

340 

541 

Loan  of  

338 

532 

343 

557 

County  Auditor  makes  now  

353 

597 

Interest  on  

339 

536 

Judgment  for  

341 

545 

Liens,  certificates  as  to  

340 

539 

Limit  as  to  

339 

535 

Mortgage,  to  secure  

339 

533 

Form  of  

339 

533 

Priority  of  

340 

537 

Kecording  of  

340 

538 

Satisfaction  of  

340 

541 

Note  for,  form  of  

339 

534 

Payment  of  

340 

542 

Restrictions  as  to  

339 

535 

LTnpaid,  how  collected    

341 

544 

State  Auditor's  pay  for  managing  

344 

560 

Can  not  loan  now  

353 

597 

Treasurer's  pay  for  managing  

345 

565 

Payments  to  

352 

596 

340 

542 

Receipt  of  

340 

542 

Geological  examinations  

335 

520 

Lands,  how  cared  for  

344 

558 

Appraisement  of  

346 

469-470 

Certificates  of  entry  of  

348 

578 

Assignment  of  

348 

578 

On  cash  sale  

342 

552 

Patent  on  

344 

559 

Purchaser  gets  

347 

576 

Record  of  

348 

577 

County  Auditor  sells,  when  

346 

571 

Lands,  County  Auditor's  pay  on  sale  

350 

589 

Registers  certificate  

348 

577 

Report  by,  as  to  

350 

586 

County  officers'  duty  as  to  

352 

595 

Lands,  County  Treasurer's  pay  for  sales  

350 

589 

Reports  by,  as  to  

350 

587 

Extension  of  payment  on  

345 

/i06 

Forfeiture  prevented  

345-348 

567-581 

In  Ringold  County,  Iowa  

349 

.... 

Money,  how  paid  

344 

562 

Notice  of  sale  of  

341-346 

546-572 

Patent  issued,  when  

349 

585 

478  SCHOOL    LAW    OF    INDIANA. 

STATE  UNIVERSITY-Continued.                                          PAGE.  SKC.     NOTB. 

Lands,  Pay  of  Commissioners 345  563 

Payment  of  State  Treasurer 350  588 

Purchase  by  Auditor,  when 342  548 

Purchaser  secures  against  waste 349  583 

Recording  and  patents 345  564 

Redemption  of 349  582 

Sale,  place  and  manner  of 346  572 

Certificate  for  deed 342  552 

Credit  for  interest,  how 342  553 

Fees  and  damages 343  554 

Forfeited  lands,  of 345  568 

Mortgaged  lands,  of 341  547 

Overplus,  disposition  of 342  549 

Proceeds  of 351  591 

Report  of 351  592 

Re-sale  by  Auditor 342  548 

Statement  of 342  550 

Terms  of 347  574 

Trustee  must  attend 351  593 

Surplus  to  forfeiting  purchaser 350  590 

Title  to,  how  evidenced 348  578 

Reverts  to  State,  when 348  579 

State  in,  without  deed 342  551 

Trustee  attends  sale 351  593 

Lands,  can  not  buy 352  594 

Unsold,  subject  to  private  entry 347  575 

Lease  of ! 344  560 

Waste,  liability  for 349  584 

Loans  by 297  414 

Mineralogical  collection 335  520 

Normal  department  of 336  525 

Old  University  site,  sale  of 353-  2 

Private  corporation,  is 324  ....           1 

Proceeds  of  Seminary  lands  to 332  505 

Religious  qualifications,  none 333  508 

Report,  annual,  of  trustees 336  522 

Printing  of 336  521 

Superintendent  Public  Instruction,  to 335  518 

Rules,  students  must  obey 333  ....           1 

Scholarships  transferable 337  527 

Perpetual,  fee  for ....'. 337  528 

Secret  societies,  adopting  rules  as  to 333  .... 

Secretary,  election  of 328  491 

Duties  of 334  516 

Sectarianism  excluded 333  509 

Sessions  of,  notice 336  523 

State  Geologists  aid  museum    338.  530 

Faculty  belongs  to 338  530 


INDEX. 


471* 


STATE  UNIVERSITY— Continued.  PAGE.  SEC.     NOTK 

Students  from  each  county 333  510 

Notice  to  counties  about 333  511 

Religious  test  not  required 333  508 

Tuition  free  for 333  510 

Tax  to  endow 325-326       485-487 

362-363       623-624 

Treasurer,  election  of 328  491 

Bond  of 333  512 

Duties  of 334  517 

Trustees,  Board  of 328  491 

Allowances,  make 332  506 

Alumni  elect  part. 331       500-502 

First,  who  were 328  492 

Meetings,  annual 332  503 

First,  where  held 329  493 

Pay  of 329  495 

President  of 328  491 

President  State  Board  of  Education 59  22 

Quorum  of 332  504 

Keportof . 336  .    522 

Terms 329-330      496-498 

Vacancies 329  494 

333  504 

When  elected , 329  496 

Visitors,  Board  of 334  513 

Duties  of 334  515 

Report  as  to  absentees 334  514 

SUBROGATION— 

On  void  sale  under  mortgage 308  ....         12 

313  ....  6 

SUIT— 

Attorney-General  may  bring  as  to  school  funds 278  ....      3,  6 

Bond  of  Township  Trustees,  how  brought  upon 115  4 

City,  how  sued  as  to  school  matters 115  —  .  7 

Civil  corporation,  can  not  sue  for  school  matters 119  ....  5 

Congressional  township  fund  for,  how  brought 317  ....  1 

County  Superintendent  may  sue  Township  Trustee. . . .   110  ....  1 

To  protect  school  fund .    110  93 

Against  for  neglect  as  to  enumeration 110  93 

Ejectment  for  school  house  site,  who  brings 115  5 

Foreclosure  of  mortgage 304  ....  5 

307  ....       1,2 

Deficiency,  for 307  3 

How  brought  as  to  school  matters 1 27  4 

2--)5  324 

255  ....       1,2 


480  SCHOOL    LAW    OF    INDIANA. 

SUIT— Continued.  PAGE.  8E0.    NOTE- 

Mortgage,  to  cancel 305  4 

303  ....           3 

296  ....           4 

Pleadings,  must  designate  defendant 115  6 

Process  in.  how  served 255  326 

Prosecuting  Attorney  brings 58  16 

Hight  to  bring  not  abridged  .  , 105  86 

School  books,  for  proceeds  of  sale 70  34 

School  corporation  may  bring 118  99 

How  brought  for  or  against 118  ....           3 

School  supplies,  averments  in  pleadings  as  to 116  ....         1'2 

School  township  may  be  sued 114  98 

May  sue 114  98 

Settlement  with  county,  when  no  bar  to,  by  State 54  ....           3 

State  Superintendent  may  bring 59  16 

Summons,  who  served  upon 119  ....          11 

Teacher,  to  recover  wages 123  36 

211  ....           2 

Wrongful  dismissal,  for 257  ....           2 

Taxes  for  schools,  civil  township  not  liable  as  to 115  ....           9 

To  set  aside  contract,  for  friend 126  13 

Town,  how  sued 115  ....           7 

121  ....           7 

Township  Trustee  may  sue  predecessor 126  ....          14 

Treasurer  against  predecessor 123  

Trustee  against,  by  County  Commissioners 126  105 

Enumeration,  liability  as  to 106  87 

On  bond  for  school  books 76  46 

Predecessor,  may  sue 129  ....          17 

Township  debt  can  not  be  sued  for 115  

SULLIVAN— 

Bondsfor 170  ....         11 

SUMMONS- 
HOW  served  on  school  corporation 119  11 

255  326 

Sufficiency,  as  to  service 238  

SUPPLIES— 

Delivery  to  Township  Trustee,  what  is  not 136  29 

Furniture,  see. 

SUPERINTENDENT— 

Cities  and  towns  of 137  111 

County  Superintendent,  see. 

State  Superintendent  of  Public  Instruction,  see. 


INDEX.  481 

SURPLUS  REVENUE-  PAGR.  SEC.     NOTE. 

Common  school  fund  belongs  to 5L  2 

275  359 
Fund,  see. 
Revenue,  see. 

SWAMP  LAND— 

Fund  from  belongs  to  common  school  fund 51  2 

275  359 
TARDINESS- 

Pupil  may  be  detained  for c . .   134  ....         18 

TAX— 

Annually  levied 145  133 

Apportionment  of  State,  as  to 145  133 

166  ....  7 

Bank  stock  liable  for 147  ....  4 

Bonds  to  complete  school  buildings 170  166 

Application  of  tax  to 170  166 

Library,  to  pay  for 240  290 

Collection  of  special  school 147  5 

148  136 

Compulsory  education,  for 263  342 

Constitutional  limit . . 147  6 

Corporations  on,  belong  to  school  fund 51  2 

County  Auditor  assesses 148  136 

Treasurer  collects 148  136 

Debts  to  pay 150  139 

Mandate  to  compel  application  of. 150  ....  1 

Endowment  tax  for  Purdue  University 362  623 

For  State  Normal 362  623 

For  State  University 362  623 

Exemption  on  certain  , 146  135 

Expenses  of  schools,  for 146  135 

General  Assembly  does  not  levy 51  ....  6 

Kindergartens,  to  support 140  118 

Lands  mortgaged,  is  liable  to 302  4 

Levy 264  346 

266  34S 

Library,  private,  to  aid 235  282 

251  315 

Amount  of 288  385 

Collection 288  385 

Lien  of,  subject  to  school  fund  mortgage 304  ....  2 

302  ....  3 

Local  tuition,  anticipating 150  1 

Collection 148  137 

Constitutional,  is 148  2 

Estimate  of  amount  needed  ". 148  137 

How  expended 149  138 

Transfers,  liable  to 150  2 

31 — SCH.    LAW. 


482 


SCHOOL    LAW    OF    INDIANA. 


TAX— Continued.                                                                            PAQE.  8KC.     NOTK> 

Local  tuition,  unexpended  balance  deducted 148  137 

Who  levies 148  1 

264  346 

Levy,  by  State 133  133 

General  Assembly  does  not  make 51  6 

Manual  training  school,  to  support 197  214 

Mortgage  for  school  fund,  superior  to 312  2 

313  ....           5 

Penalty  concerning  does  not  belong  to  school  fund 277  14 

Petition  to  levy  tax  to  complete  school  house,  not  neces- 
sary    169  5 

Poll  tax 133-148       133-137 

School  Commissioners  may  levy  for  schools 237  286 

For  support  of  library 237  286 

Quietus  as  to 239  288 

Keceipt  of  receives 238  287 

Keport  as  to 238  287 

School  revenue  for  tuition  fund 133  133 

Special  school,  collection  of 147  4 

County  Auditor  places  on  tax  duplicate 148  136 

Levy  for  school  house  and  apparatus 146-150       135-139 

Paid  to  School  Trustees 148  136 

Valid 147  ....           1 

Who  levies 147  2,  3,  7 

Town,  levy  for  school  houses 151  140 

For  school  tuition 151  140 

For  bond  tax  levy 170  166 

Uniform,  must  be 146  134 

Whatis 147  ....           8 

TAX  TITLE— 

Subject  to  school  fund  mortgage 302  ....           3 

304  2 
TEACHEKS- 

Abolition  of  school  does  not  annul  contract  with 123  32 

Alcohol  and  narcotics,  effect  of,  must  teach 205  228 

Dismissal  for  refusing  to  teach 206  230 

Appeal  concerning  dismissal  of 256  237 

Assaulting,  what  is 219  2 

Bible,  can  not  be  compelled  to  use 200  ....           2 

Blank,  in  contract  with,  filling  by  oral  evidence 211  2,  3 

City  of  100,000,  selection 188  186 

Contagious  disease  does  not  deprive  of  salary 135  ....         19 

Contract,  complaint  to  enforce,  sufficiency 123  36 

Blanks  for 215  240 

Must  not  contravene  the  law 214  ....           9 

Must  be  with  school  corporation 132  ....           6 

Signing 123  ....         31 

218  3 


INDEX.  483 

TEACHEKS— Continued.                                                             PAGK.  BKC.    NOTK. 

Contract,  Verbal,  is  valid 132  6 

Written,  must  be 215  239 

Corporal  punishment,  may  inflict 218  ....           3 

De  facto  board  or  trustee  may  employ ...   122  .         28 

123  ....         35 

218  ....         11 

Dismissal  by  abolishing  department,  illegal 214  ....         13 

Can  not  be  except  for  cause 213  ....           5 

In  cities  and  towns 214  ....           7 

Improper,  school  corporation  liable 213  5 

211  ....           2 

Injunction  to  prevent 214  ....         15 

On  petition 211  238 

For  cause  only 211  238 

Notice  of,  must  be  given 211  238 

Kef usal  to  teach  effect  of  alcohol 206       '        230 

Vote  of  patrons  not  necessary 215  ....         18 

Without  cause 215  17,  18 

Employment  of 211  238 

131  108 

What  is  sufficient  as  to 214  12 

When  must  be  given 216  242a 

Who  shall  not  be  employed 211  238 

Epidemic,  entitled  to  pay  during 214  10 

Examination 95  77 

Exemption  from,  when 95  77 

98  ....           4 

How  conducted 95  77 

Principals  of  high  school 98  8 

Public,  must  be 100  79 

Special 216  243 

Studies  in 95  77 

When  held ; . . .   100  ....           1 

Holidays,  entitled  to 213  6 

House  for,  must  furnish 143  1 

Immorality  sufficient  to  revoke  license 100  3 

Insulting,  penalty 219  248 

Judgment  for  services,  how  satisfied 165  2 

211  ....           2 

License,  must  have 211  238 

211  ....           1 

Expiring  during  terms 211  238 

Length  of 95  77 

Not  having  employment,  trustee  liable 214  ....           8 

License,  professional,  examination  for. 61  2 

Kefusing,  when  County  Superintendent  liable 98  3 

Revocation  of 99  78 

Practice . .                                                                   99  1 


484  SCHOOL    LAW    OF    INDIANA. 

TEACHERS— Continued.  PAGE.  SEC.     NOTK. 

License,  Special 205  4 

State,    issuance  of 61  24 

Examination  for 61  ....  1 

Fee  for 61  24 

Old  trustee  can  not  employ 216  242a 

Old  law  as  to 123  30 

Patrons  can  not  select 132  2 

Pay,  lack  of  funds  no  defense  to  suit  for 211  ....           2 

None  until  makes  report 142  125 

Kate 215  241 

Sufficiency  of  complaint  to  recover 216  ....           2 

When  forfeited 211  238 

When  attending  institute 230  2 

Principals  of  High  Schools,  examination  of 98  ....  7 

Protest  .against,  effect 213  4 

Sufficiency  of 213  ....           4 

Pupil,  power  to  discipline 217  ....           1 

Report,  must  make 142  125 

Contents  of 142  125 

Failure  to  make,  part  pay  only 142  125 

Private  school,  as  to,  when  to  be  made 220  250 

Suit  for  pay,  proof  as  to 142  

Resignation  of 133  .... 

Rules,  may  adopt 122  ....         23 

Slander  as  to,  what  is 215  16 

State  Board  of  Education  issues  State  certificate  to 61  24 

Fee  for 61  24 

Signed  by  whom 61  24 

Subjects  examined  on 61  ....  1 

Who  entitled  to    61  24 

State  Superintendent  confers  with 57  14 

Suit  by,  how  brings  for  wages 211 

For  dismissal,  may  bring 257  .... 

Proof  as  to  making  report 142 

Term  of  employment,  when  begins 216  242a 

Trustee  not  liable  for  pay  of 165 

Who  can  not  be  employed 211  238 

TEACHERS'  INSTITUTE— 

County  Superintendent  encourages 105  86 

Institutes,  see. 

TERMS— 

Length  of  school 202  223 

Uniform,  must  be 201  222 

TEXT  BOOKS— 

School  books,  see. 


INDEX.  485 

1  IE    VOTE —                                                                                                                          PAGE.  SEC.       NOTE. 

County  Auditor  gives  casting,  when 91  73 

TITLE— 

Joint  district,  how  held  for  school  property 224  ....           1 

Joint  graded  school,  how  held  for  property  of 137  112 

137  ....           1 

TOWN— 

Abandonment,  township  trustee  takes  charge  of 124-132       101-102  4 

Bonds  for  buildings,  may  sell 168  164 

District  school  meetings,  does  not  have 207  ....           1 

Dog  Fund,  entitled  to  a  part  of ....           1 

Incorporating,  entitled  to  school  house 220  2 

To  a  division  of  School  Fund 118  4 

136  ....         24 

Joint  graded  schools  in 137  112 

Library,  see. 

Name  of 118  1 

Pupils  outside  may  attend 170  166 

School   corporation    is 118  99 

School    revenue,    surplus    in 141  123 

School   town,  see. 

School   Trustees,    election  of 119  100 

Oath  of 119  100 

Organization  of 119  100 

Pay  of 119  100 

How  paid 119-  100 

Reorganization  of 119  100 

School  Board  constitutes 119  100 

Vacancy  in  board 119  100 

Suit  against,  how  brought 121  8 

How  brings 255  324 

255  ....      1,  2 

Costs  of,  when  not  recoverable 225  325 

May  bring 118  99 

Superintendent  for,  employment  of 137  111 

Duties ." 137  111 

Old  board  can  not  employ 133  ....           7 

Salary  of 137  111 

Truant  officers,  duty  as  to 261  336 

Tax  to  complete  school  houses 152  140 

For  schools 152  140 

Township  revenue,  entitled  to  a  part  of,  when 166  ....           5 

Township  Trustee,  when  assumes  control  of 124  103 

Trustees,  see. 

Bonds,  gives 119  100 

Election  of 119  2 

119  100 

Fined  for  not  reporting 144  127 


486 


SCHOOL    LAW    OF    INDIANA. 


TOWN-Continued.  PAQE.  SEC.     NOTE< 

Trustees,  office  of  lucrative 121  ....           6 

President  of  Board  of 119  100 

Resignations  of  120  3 

Secretary  of  Board  of 119  100 

Township  Trustee  may  be  elected  member  of  Board 

of 120  ....            1 

Treasurer  of  Board  of 119  100 

When  not  to  be  elected 124  101 

Unincorporated,  bequest  to  aid 224  255 

Bonds  for 224  255 

Petition  for 224-225      255-257 

Sale  of 225  257 

TOWNSHIPS— 

Civil  township,  see. 

Corporation,  is 114  98 

Incorporating  town  within,  school  house  belongs  to 118  4 

Judicial  notice  not  taken  of 119  9 

Liability  for  supplies 129  14 

Name  of 118  1 

Promissory  note,  see. 

School  corporation,  is 118  99 

Who  trustee  of 118  99 

Suit,  how  brings 255  324 

255  ....       1,2 

114  98 

Costs  of,  when  not  recoverable 255  325 

May  be  sued 114  98 

118  99 

Town  incorporating  entitled  to  part  of  revenue  of 130  ....         24 

TOWNSHIP  INSTITUTES— 

County  Superintendent  visits , 105  86 

Institute,  see. 

TOWNSHIP  OKDERS- 

Consideration,  none,  order  void 117  ....          16 

Conspiracy  to  issue,  avoids 117  15 

Promissory  note,  see. 

Trustee  not  liable  on 117  24 

117  , .  22,  23 
TOWNSHIP  TRUSTEE— 

Accounts  of  open  to  inspection 145      130,  131 

Correction  of 145  132 

Keeps 126  105 

Keports  as  to 126  105 

Approval,  effect 126  105 

Contents  of 126  105 

Filed  with  County  Superintendent 126  105 


INDEX.  487 


TOWNSHIP  TRUSTEES—  Continued. 

PAGE. 

SEC. 

NOTK. 

Advances,  making,  may  recover,  when  

129 

18 

v  Advisory  Board,  see. 

Annual  statement  of  receipts  and  expenditures  .  . 

131 

107 

Appeal  from  

256 

327 

Apparatus,  purchases  for  schools  

131 

108 

Auditing  board,  see. 

Bond  of,  approved  bv  County  Auditor  

124 

104 

Borrowed  monev  does  not  cover  

124 

.... 

1 

Covers  both  civil  and  school  township  funds  . 

....  126 

13 

How  sued  on  

115 

.... 

4 

Borrowing  money,  can  not  

128 

.... 

7,9 

129 

.... 

12 

Township  receiving  benefit  of  

128 

.... 

8 

Bribing,  what  is  

136 

.... 

24 

Cash,  advancing  to  teachers,  allowance  for  

214 

.... 

14 

Compulsory  education,  duties  as  to  

263 

343 

264 

344 

Contracts,  can  not  make  with  himself  

.    ...  132 

.... 

5 

Notice  of  power  to  make  

....     119 

.... 

10 

Power  to  bind  township  

116 

.... 

11 

Course  of  study  in  schools,  controls  

106 

.... 

4 

County  Board  of  Education,  member  of  

Ill 

97 

Debt,  power  to  incur  

202 

.... 

Deed,  executes  for  annexed  school  house  

222 

252 

Must  secure,  when  

219 

249 

De  facto  officer,  who  is  

121 

.... 

8 

Contracts  of,  binding  

117 

.... 

19 

122 

.... 

28 

130 



21 

Directors,  appoints,  when  

206 

231 

Discretion  of,  not  reviewed  

136 

.... 

26 

Duties  to  schools,  generally  

131 

108 

Educational  affairs  of  township,  takes  charge  of.  . 

131 

108 

Election  of,  when  held  

259 

332 

Election  of  County  Superintendent,  adjournment 

with- 

out  

92 

.... 

3 

Mandamus  to  compel  

92 



3 

Meeting  to  hold  

92 

.... 

3 

Present  and  not  voting  

.....     94 

.... 

16 

Quorum  for  

92 

.... 

2 

Eligibility  of  

125 

.... 

8. 

Embezzlement  as  to  school  books  

71 

38 

77 

49 

83 

61 

Enumeration  takes  

151 

141 

Affidavit  as  to  

159 

14£ 

Failing  to  make,  liable  for  cost  of  

106 

87 

Reports  to  County  Superintendent  as  to  

159 

149- 

485 


SCHOOL    LAW    OF    INDIANA. 


TOWNSHIP  TRUSTEES— Continued.  PAGE.  SRC.     NOTE. 

Estimate  of  expenditures 267  349 

Fine  for  failing  to  serve 144  129 

Furniture,  provides 131  108 

Graded  schools,  may  establish 131  108 

Admission  to 131  108 

Joint  in  cities  and  towns 137  112 

House,  has  charge  of 134  ....          15 

Judicial  notice  taken  of  powers  of 118  ....          18 

Justice  of  the  Peace  can  not  be 122  ....         17 

Land,  congressional,-  has  charge  of 131  108 

Duties  as  to 279-294      363-406 

Leasing  school  lands  without  vote,  can  not 281  ....           2 

Liability  and  suit  against 126  105 

For  township  debt 115-126  8,15 

Library,  see. 

Annual  Report  of  additions. 143  126 

Mandamus  against  to  compel  delivery  of  records 121  12 

To  compel  election  of  County  Superintendent 121  12 

Mistake,  not  liable  for,  when   34  18 

Money,  of  township,  title  to,  has 124  2 

Interest  on,  when  not  entitled  to 124  ....           4 

When  not  a  conversion  of 124  ....           3 

Neglect  of  duties,  liability  for 144  128 

Oath,  failure  to  take 123  39 

Office  of  is  lucrative 125  10 

May  be  abolished 121  ....         10 

Over  payments,  recovery 125  7 

129  ....         18 

Powers 132  ....           1 

Property  of  schools,  has  charge  of 131  108 

Receipt  of  school  books  acknowledges 73  42 

Record  of  finances,  keeps 269  352 

Refunding  to,  act  as  to  void.          , 130  23 

Reports  to  County  Superintendent  of  receipt  of  school 

books 73  42 

Of  sales  of  school  books 73  42 

82  58 

To  State  Superintendent 58  17 

Report,  when  makes 143  126 

Contents  of 143  126 

Report,  failure  to  make,  penalty 144  127 

Files  with  County  Superintendent 126-143       105-126 

Teachers-  make  to 143  1 25 

Requisitions  for  school  books  makes 73  41 

Limit  of 73  41 

Scaling  down 73  41 

Resignations,  filling  vacancies 125  ....           6 


INDEX.  489 

TOWNSHIP  TRUSTEES— Continued.  PAGE.  SEC.     NOTE. 

Revenue  for  tuition,  duties  to 130  106 

Former  acts  legalized 142  124 

Manages 130  105 

Receives 130  105 

Rules,  may  adopt 122  22 

School  books,  cares  for 78  51 

Damaged  returned 78  51 

Notifies  County  Superintendent  as  to 78  51 

Duty  as  to  price  marks 79  52 

Failure  to  perform  duty  as  to 83  60 

Judgment  for 83  60 

Liable  for,  when 73  42 

Money  for,  receives 69  .     33 

Note  in  payment,  can  not  give 73  42 

Over  purchase  of 78  51 

Pays  for,  when 73  42 

How 73  42 

Personally  liable  for 68  32 

Receipt  for,  gives (58  32 

Reports  sales  to  dealers . 81  56 

Makes  quarterly 69  33 

Takes  charge  of 68  32 

School  houses,  see. 

Numbers 201  222 

Schools,  locates     131  108 

School  lands,  has  charge  of 279  362 

Income  from  reports 279  362 

Leasing  by 280  364 

Can  not  without  vote 281  2 

Petition  for  sale  of 293  404 

Powers  as  to 284  373 

Purchaser  enjoined  by 286  381 

Rents  of,  liable  on  bond  for 280  1 

School  section  managed  by 281  365 

Vote  as  to  sale  of,  certifies 285  378 

Settlement  makes 270  353 

Special  tax  for  schools,  levies 147  ....  2,  3,  4 

Statements,  yearly,  must  make 131  107 

Sues  predecessors 126  14 

Suits  against  by  County  Superintendent 106  87 

Tax,  annual  levy  makes 148  137 

Special  levy,  to  pay  debts 150  139 

Teachers,  employs 131  108 

Not  liable  to  for  pay 165  3 

Terms  of  office 259,  172      332,  354 

To  fill  vacancy 125  5 

Towns  or  cities,  extension  of 121  13 

Abandoning  organization 132  ....  4 


490  SCHOOL    LAW    OF    INDIANA. 

TOWNSHIP  TRUSTEES— Continued.  PAGE.  SEC.     NOTE. 

Towns  or  cities,  Assumes  control  of  schools,  when 1*24  103 

Township  Trustee  is  School  Trustee 118  99 

Transfers,  makes 155  142 

Tuition,  misapplying,  liability 131  ....            1 

Vacancy  in  office,  how  filled 259  333 

260  ....           '2 

125  ....           5 

124  104 

TRANSFERS— 

Appeal  concerning 256  327 

,  257  ....           8 

On  refusal  to  make 156  13 

When  decision  on  is  final 156  ....         13 

Better  accommodations,  what  are 156  5 

Bond  tax,  liable  for 170  166 

Corporations  to  which  transfer  is  made  must  receive  . .  156  10 

County  Auditor's  duty  as  to 156  ....           6 

Enumeration  of  persons  transferred 151  141 

Land  of  taxable ...156  8 

Law  as  to  taxation  of  land  is  valid 170  1 

Request  for  necessary t 155  142 

Taxing  person  and  property  transferred 156  ....           7 

156  ....           8 

170  ....      3,4 

When  not  liable  for 170  166 

To  what  corporation 156  ....           4 

When  can  not  be  disputed 156  12 

When  must  be  made 155  142 

155  ....           2 

TRAVELING  EXPENSES— 

Appropriation  for 57  15 

TRAVELING  LIBRARY— 

Library  commission,  see. 

TRIAL  - 

On  appeal  from  Township  Trustee 256  327 

On  appeal  from  County  Superintendent 257  328 

How  conducted 258  ....           2: 

TRUANT  OFFICER— 

Appointment  for  county 260  335 

For  city  or  town 261  336 

Duties  of 260  335 

Pay  of,  for  services 261  337 

Reports 262  338 

Truancy,  notice  of,  gives 260  335 


INDEX.  491 

TRUSTEES,  SCHOOL  BOARD-                                           PAGK.  8KC.    NOTK. 

Accounts,  must  keep  126  105 

Acts  as  a  unit 121  14 

Two  acting  together,  majority 122  25 

Bond  of 119  100 

Approval  of,  by  County  Auditor 124  104 

City,  bonds  (official)  give 119  100 

City  Clerk  may  be 122  20 

De  facto,  old,  holding  over,  when  not 125  ....           9 

May  make  contracts 123  35 

Defalcation,  only  one  making  liable 122  27 

Election  of 119  100 

How  elected 119  100 

Irregularity  as  to,  acquiescence  in 122  ....         29 

Time  of . .   120  2 

Majority  of,  can  only  bind  board 122  ....         18 

123  ....         33 

Meetings  of 119  100 

Number  of,  needed 68  32 

Names  reported  to  State  Superintendent 124  104 

Oath  of 119  100 

Office  of,  is  lucrative 121  ....           6 

Old  board,  acts  of,  binding  on 121  11 

123  ....         30 

Organization  of 119  100 

Bonds  of 119  100 

Pay  of 119  100 

How  paid 119  100 

President  of 119  100 

Reorganization  of,  when  to  be  made 119  100 

Report  to  County  Commissioners 126  105 

Resignations  of 119  ....           3 

Revenue,  special,  manages 126  105 

School  Board,  of  city,  becomes 119  100 

Secretary  of 119  100 

Superintendent  may  employ 137  111 

Terms  of 119  100 

City,  treasurer  of : 119  100 

Bond  of 119  100 

Vacancy  in 119  100 

When  elected 119  100 

Town,  bonds  gives 119  100 

Election  of « 119  100 

Time  of 119  ....           2 

When  not  held 124  101 

Oath  of 119  100 

Office  of,  lucrative 121  6 

Organization  of 119  100 


492  SCHOOL    LAW    OF    INDIANA. 

TRUSTEES,  SCHOOL  BOARD— Continued.                           PAGB.  SEC.     NOTE. 

Pay  of 119  ]00 

How  paid 119  100 

President  of 119  100 

Reorganization  of 119  100 

Resignation  of 119  ....           3 

School  board  constitutes 119  100 

Secretary  of 119  100 

Town  trustee  may  become  school  town  trustee 119  ....           1 

Treasurer  of 119  100 

Bond  of 119  100 

Vacancy  in  board 119  100 

Township  Trustee,  see. 

TUITION— 

Free,  must  be 50  1 

Fund  of,  what  consists  of 275  359 

Local,  how  expended 149  138 

Anticipating 150  1 

Not  apportioned  by  County  Auditor 164  161 

Transferred  persons  subject  to 150  ....           - 

Revenue,  see. 

Tax  for 148  137 

Collection.. ; 148  137 

Estimate  of  amount  of 148  137 

Unexpended  balances  deducted 148  137 

When  must  be  expended 207  232 

UNIFORM— 

Schools  must  be,  how  secured 50  1 

50  ....           3 

In  time,  must  be 201  222 

201  ....           1 

Taxes  for  schools,  must  be 146  134 

What  is  uniformity  in 147  8 

VACANCIES  - 

Township  Trustee's  office,  how  filled 124  101 

125  ....           5 

259  333 

Term  of 125  ....           5 

VACCINATION  - 

School  trustees  may  require 119  4 

VOTERS— 

At  district  school  meetings 206  ....           1 

648 

207  ....           3 

207  232 

Married  women  are  not  .                                                       .   149  138 


INDEX.  493 

VOUCHERS—  PAGB.  SKC.       NOTE. 

Trustee  must  file  with  report 126  105 

WILL— 

School  township  may  take  devise  by , 115  ....            3 

WOMEN— 

Married,  eligible  to  school  office 258  330 

Official  bond,  can  give 259  331 

Voters  at  school  district  meeting,  are  not 149  138 

Members  of  library  board 242  294 


\ 

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UNIVERSITY 

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